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Should The FCC Be Abolished?

stwrtpj writes "CNET is running an interesting commentary from its chief political correspondent explaining why the FCC should be abolished. When I saw this link from NewsForge, my initial reaction was that he was full of it, but after I RTFA, I have to admit that he makes some interesting points. So how about it? Should the FCC be abolished? Can the market regulate itself yet?"

801 comments

  1. No by Anonymous Coward · · Score: 1, Insightful

    They should not.

    1. Re:No by taestee · · Score: 0

      yes.

    2. Re:No by Anonymous Coward · · Score: 0

      While I find your insight interesting, I am disappointed in your choice not to post anonymously. Your mother smells of elderberries.

    3. Re:No by LBArrettAnderson · · Score: 5, Funny

      The logic of a slashdot reader: 1. [reads link] no way 2. [clicks link] how will i be pursuaded today? 3. [reads the first sentence] "The reason is simple. The venerable FCC, created in 1934, is no longer necessary." 4. [convinced] "I have to admit that he makes some interesting points. So how about it? Should the FCC be abolished?" 5. [takes action] "i'm starting a petition!"

    4. Re:No by uncoveror · · Score: 3, Insightful

      Some have suggested that the FCC should be abolished because the market can regulate itself. They are smoking crack. Deregulation gave us the horrible consolidation that has six or seven companies owning all media. How many radio stations in your market are owned by Clear Channel? The real problem is the FCC has become completely irrelevant. All current commissioners need to be replaced. You can't regulate and industry, and let it wine and dine you at the same time. That's a conflict of interest.

      --
      The Uncoveror: It's the real news.
    5. Re:No by dasmegabyte · · Score: 5, Insightful

      I don't think that people understand everything the FCC does. It's not all sucking up to radio stations and keeping cuss words off TV. In fact, TV and Radio make up a very, very, very tiny portion of the spectrum, the rest of which is full of army and civillian communications, navigation information, satelite telemetry, cell phones, etc.

      The reason the FCC exists is to force everybody to play fair with the airwaves. Without them, everybody would just take the easiest-to-use wavelengths, right now those in the 700 Meg - 3 GHz band. After all, nobody really wants to use old low bandwdith communications...they all want shiny, new digital systems, but there just isn't the bandwidth for it (no, not even with spread spectrum). Try to push all of these discordant systems into the same band would be like a hundred people trying to leave through the same small door. And none of them wants to be the guy who's last out because he lets the others through.

      Scrapping the FCC would lead to complete anarchy which would in turn result in very bad things for consumers, such as cell phones that only worked half the time or in certain parts of the country, or radio stations trying to muscle each other out by broadcasting static on each others' stations. Yes, maybe it is a little annoying that the FCC allowed radio consolidation, but really that should have been under the auspice of the FTC, right? The FCC should stick to what it does best -- regulating airwaves -- and leave the anti-monopoly protection to somebody who knows how to do THAT.

      --
      Hey freaks: now you're ju
    6. Re:No by thayner · · Score: 1, Insightful

      They aren't deregulated now so how do you draw the conclusion that has what caused a few companies to dominate? I'd argue the opposite point that those companies control the FCC and the FCC is making regulations that have helped these companies increase their dominance.

      Face it, the FCC isn't going to improve. Government has shown repeatedly that it is, in general, corrupt and incompetent, so it's just not a realistic expectation. Abolishment has it's downsides, but better nothing then what is now.

    7. Re:No by Anonymous Coward · · Score: 0
      Six or seven media companies? I'm sooo envious! Here in Australia we have two and and two halves. The first is news limited (Murdoch), the second is PBL (Packer) and the two halves are Fairfax and the ABC, the public broadcaster. All other 'media' sources are entertainment only.

      Murdoch, Packer and the government are a cozy triumvir, so not much independent reporting from that direction. Fairfax covers only has newspaper coverage in two cities, and the ABC is under sustained attack as the government sees their neutral reporting as 'biased'.

      P.S. Please accept Australia's apology for inflicting Murdoch on you.

    8. Re:No by conradp · · Score: 5, Interesting
      Deregulation gave us the horrible consolidation that has six or seven companies owning all media.

      In fact the exact opposite of this is true, all of the ills that you mention are happenning right now under current FCC regulation! In fact current FCC regulation is giving us this horrible consolidation that has six or seven comparies owning all the media. As the famous P. J. O'Rourke quote goes,

      "When buying and selling are controlled by legislation, the first things to be bought and sold are legislators."

      Mega companies like Clear Channel own so many stations precisely because they can wine and dine the FCC whereas small companies can't. Cleaning out the commissioners as you suggest is a short-term solution, the real solution is to eliminate the positions of power that are being wined and dined in the first place. Eliminate the FCC and their myriad of regulations and companies like Clear Channel with have to compete in the marketplace with other companies large and small, instead of buying rulings from the FCC.
      --
      "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
    9. Re:No by Anonymous Coward · · Score: 0

      I agree with most of this-- but broadcasting a continuous goatse should be allowed to drown out the PAX channel ( a "christian" channel, that, when not broadcasting whoremongers cheating the poor and stupid out of money is airing old westerns where there are a guarenteed dozen killed. "PAX"-- get it? Neither do I. This is Reagan country.)

    10. Re:No by TurboTime · · Score: 5, Insightful
      Only a political correspondent would suggest such a thing. If the policies of the FCC are problematic, then fine, work through the system to petition change. Start letter writing campaigns to your congressional representatives (after all, congress does oversee the FCC, not the other way around). But to dismantle them completely would ignore the work they do.
      • Go ahead and pick up any device with a battery in it that's more complicated that a flashlight. Right now. Look under your mouse or your computer. See that FCC ID on there? You can look it up on the FCC's website. Manufacturers selling stuff in the U.S. are required to submit products to the FCC for evaluation to make sure that your mouse won't mess up your walkman's reception, to make sure your dish washer won't wipe out TV reception for your entire neighborhood, and to prevent your cordless phone from causing your router to reboot. Despite that odd article a few weeks back about how interference is just a myth, interference is a real problem that would otherwise require cost-prohibitive technology to completely eliminate all possible interference.
      • Okay, say I want to sell my broadcast (radio/TV/etc) station's frequency to a wireless phone/data company. Now every receiving device in the city will pick up clear reception of a signal of different modulation (in other words, junk). Say several other providers in the area decide to do the same thing. Now you've got a bunch of consumer devices that receive nothing useful. Now any new broadcast stations would have to use different frequency bands that would require consumers to purchase a new receiver for the band that just happens to have a frequency for sale. For each area.
      • The Federal Communications Commission has federal authority. No city or state is permitted to make any law governing the use of the radio spectrum. For example, a town cannot pass a law saying that amateur radio operators cannot operate, or require that no one is permitted to listen to the local police radios while at home.
      I agree that the author raises some valid points about the FCC's policies, but why cut off the leg for a broken toe? Any half-serious article should also talk with some electrical engineers, professional and private radio operators, and consumer groups to fully assess the impact of such a rash decission.
    11. Re:No by corian · · Score: 1

      This was insightful?

      Yes, the FCC _should_ be abolished.

      It is not the provence of the government to censor the airwaves. It is not appropriate that only the rich and priviledged who are able to afford cable or satellite television should be able to view uncensored conent. Books for purchase and books and public libraries are equally free from government censorship; the same case should apply to visual and audible media.

      Those who can't afford premium media still should have the right to view artistic content as the director/producer intends, free from Mr. Clinton's or Mr. Powell's prudish bastardry.

    12. Re:No by Anonymous Coward · · Score: 0

      Do you think all the FCC does is censor things? That, and that alone?

      God. I'm sorry, I don't say this about many people, but... You're a moron. Why don't you think, or maybe do a little research, before you foam at the mouth with your ignorance?

    13. Re:No by Anonymous Coward · · Score: 0
      5. [takes action]

      /. readers take action?

      You must be thinking of a pr0n thread.

      That one ADTI guy takes more action than all the /. readers (PJ excepted) put together.

    14. Re:No by pavese · · Score: 1

      No indeed.

    15. Re:No by corian · · Score: 0, Flamebait

      Gosh, if supporting free speech makes one a moron, I'm proud to be one.

      Fuckhead.

    16. Re:No by Anonymous Coward · · Score: 0

      Your the biggest moron on the face of this planet, stfu.

    17. Re:No by Anonymous Coward · · Score: 0

      You just said you want to abolish the whole entire FCC just because a tiny, tiny, TINY part of its regulations (which can be changed) prohibit certain kinds of content and language.

      The FCC does a lot more than censorship, buddy. Have you ever considered that maybe censorship isn't the entire point of the FCC? Have you ever considered that maybe the FCC does things that are worthwhile? "No, they are a censorship organization, nothing more." That is why your post was uninformed and moronic.

    18. Re:No by pe1rxq · · Score: 2, Insightful

      Lets abolish property rights to....
      It is not the provence of the government to censor the use of land. It is not appropriate that only the rich and the priviliged are able to afford building a house and able to farm.

      Does that sound stupid yet? Its the same with the RF spectrum.... If you let anybody use it unrestricted you get mini (or not so mini) wars were neighbours are fighting over who can use a piece of land to plant roses.

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    19. Re:No by Anonymous Coward · · Score: 0

      Isn't the role of the FCC just to censor TV and radio?

    20. Re:No by Anonymous Coward · · Score: 1, Insightful

      Well let them rule the frequencies and that's all. I don't see why they are allowed to bitch around VoIP, wired telephone networks, or the fine details of DRM in HDTV. That should be all outside their scope and market can regulate that without problems.

    21. Re:No by Anonymous Coward · · Score: 1, Insightful

      You didn't RTFA, did you?
      Basically, what it said is that the FCC is redundant, and the job of protecting airwave property and regulating against airwave monopoly can be easily done with other parts of our legal system.
      Certain congressmen are already suggesting this.

    22. Re:No by chaoticset · · Score: 2, Insightful
      Scrapping the FCC would lead to complete anarchy which would in turn result in very bad things for consumers, such as cell phones that only worked half the time or in certain parts of the country, or radio stations trying to muscle each other out by broadcasting static on each others' stations.

      At first, perhaps. Eventually, as standards are created and applied to the airwaves just as they've been applied to the Net, things will settle down without a governing body of old farts who are easily bought. In fact, I'm pretty sure the DOD could just coordinate its own friggin' efforts and commercial interests could operate according to standards, kinda like Net standards.


      Eric Idle phrased his sentiment differently, but the message is still there.

      --

      -----------------------
      You are what you think.
    23. Re:No by joeljkp · · Score: 1

      I don't know much about the physics of such things, but I read an article once arguing that such cordoning off of parts of the spectrum for different radio stations is unnecessary and counter-productive (this was about FM radio, not the rest of that stuff).

      It basically said that radio receivers are dumb and will pick up everything on a certain frequency, so nobody else can broadcast on that frequency. It likened that to something programmed to find a person in a green shirt in New York City, so that person was the only one who was allowed to wear a green shirt.

      The argument was that such things can be done better digitally, where the receiver picks up only those transmissions that "match" the station being listened to, and ignores others on the same frequency. Apparently the risk of physical interference with radio waves is much too small to be a problem.

      Just a thought.

      --
      WeRelate.org - wiki-based genealogy
    24. Re:No by Atryn · · Score: 2, Insightful
      Eventually, as standards are created and applied to the airwaves just as they've been applied to the Net, things will settle down without a governing body of old farts who are easily bought.
      OK, now I'm just as big a fan of standards as the next guy, but standards would NOT work in this case. What we are talking about is the use of a limited resource -- you need laws, regulation and enforcement. We aren't talking about getting your cell phone to talk to your computer, we're talking about when a misguided startup launches a new wireless internet service that interferes with the local air traffic control tower's broadcast and causes a plane collision.

      Think of national parks. We don't NEED the US Forest Service, right? We should just open the parks, abolish all the current rules and let all the tourists/loggers/environmentalists work out standards amongst themselves to protect the land and best use it? RIIIIIIGGHHT...
      --
      Come play Moral Decay!
    25. Re:No by Anonymous Coward · · Score: 0

      The current FCC organization should be abolished, then a new FCC with restrictions on what it can do, should be put in place. The FCC lost its usefulness when they complained to radio stations about playing Pink Floyd's "Money" song because it said "shit" in it.

    26. Re:No by Colonel+Cholling · · Score: 2, Insightful

      Manufacturers selling stuff in the U.S. are required to submit products to the FCC for evaluation to make sure that your mouse won't mess up your walkman's reception, to make sure your dish washer won't wipe out TV reception for your entire neighborhood, and to prevent your cordless phone from causing your router to reboot.

      Isn't this something that could be accomplished by a private entity, or even a mutual agreement among manufacturers? After all, it's in the best interest of the dishwasher manufacturer to ensure that their product won't adversely affect the customer's other products. Enough such interference, and people will stop buying their stuff.

      --

      I am Sartre of the Borg. Existence is futile.
    27. Re:No by Lumpy · · Score: 1

      Scrapping the FCC would lead to complete anarchy which would in turn result in very bad things for consumers,

      the absolute very first thing would be companies instantly stealing every Ham radio frequency available. they already want them.

      it will end with a bunch of childish hams or techies building megawatt wideband splatter transmitters wiping out whole frequency ranges for thousands of miles trying to send a message to that company that decided that using the 144-148 MHZ band was a good idea for their trucking company....

      Now let's look at what childish things companies will do to each other... Verizon starts jamming cingular and advertises in that area... "verizon calls get through!" and then it all degrades further until some evil genius tries to continue the madness that Tesla was working towards and actually builds a terawatt wireless power generator station and wipes out RF communication globally.

      granted these are gloom-and-doom scenarios, but most of your communications systems today were inveted by ham radio operators and tested and perfected in ham radio bands.

      --
      Do not look at laser with remaining good eye.
    28. Re:No by AdrainB · · Score: 1

      How can you be that ignorant? There used to be more rules in place that limited how many radio and TV stations you can own. There even used to be a rule that foreign owners had to own less stations. These rules were relaxed over the past 10 years and they even raised the number of stations a foreigner could own to appease Ruppert Murdoch. Even thought they did this after Murdoch gave millions to the Republicans, it still wasn't enough. So what did the Republicans do to fix this situation? They fast-tracked an American citizenship for Murdoch.

    29. Re:No by Autobahn · · Score: 1

      Parent misses the point the article made regarding property rights. If every segment of the spectrum is owned by someone (be they corporation, military, or individual), then conflicts work themselves out naturally, just like conflicts over land. Since everyone wants real estate in downtown LA, the land goes to the highest bidder. Likewise, the most valuable spectrum space will go to the highest bidder - the one who can make the best use of it. This is basic economics. And just like land, enforcement is automatic and cheap for the taxpayers: if someone is broadcasting on your spectrum, you take them to court. Avoiding confusion during privatization is as simple as giving permanent rights to frequency to whoever currently holds the temporary license to that band. In the long run, this actually increases stability because it means the FCC cannot revoke a provider's license at will. This is just basic economics and should not be that hard to understand.

    30. Re:No by sketerpot · · Score: 1

      RTFA. Nobody is suggesting anarchy, as you seem to believe. There are already existing laws against the sorts of things you're talking about. The concern of this article is that the FCC oversteps what should be its bounds, and that it would be safer to regulate things using the courts instead of a big bureaucratic agency that seems to be tripping over itself trying to get more power.

    31. Re:No by Lumpy · · Score: 1

      I did RTFA, the FCC manages the use of available radio frequency spectrum without that regulatory body it becomes caos.

      as for the decency stuff? ok I can see it, but that is a tiny part of what the FCC does and the moron writing tht article obviousally doesn't know WHAT the FCC does to begin with.

      disbanding/eliminating the FCC is a insanely stupid idea..

      the better idea would be to get competent people elected to congress that can tell the FCC to do it's job correctly.

      --
      Do not look at laser with remaining good eye.
    32. Re:No by MrBlackBand · · Score: 0, Troll

      Don't even try to fight it. Slashdot is the home of pro-market wanks who think that the market will (or has) solved all of the worlds ills. Their religion is Free Market and trying to convince them that the "invisible hand" doesn't work is like trying to convince a fundamentalist that creationism is a load of crap.

      --
      "It is difficult to get a man to understand something when his salary depends upon his not understanding it."
    33. Re:No by Asterisk · · Score: 4, Insightful
      What we are talking about is the use of a limited resource -- you need laws, regulation and enforcement.
      Which is exactly why the FCC ought to be abolished. The article makes note of the fact that in the early days of radio, laws were gradually being developed based on the reality of circumstances in the industry, but the creation of the FCC stifled that process. If things had been allowed to devlelop naturally, we'd today have a good body of common law covering all aspects of radio transmission rights, etc. Instead we have a centralised decision-making body which has inhibited the natural development of technology and stunted its integration into the economy.

      All of the problems you're citing with abolishing the FCC are a direct result of the FCC's existence inthe first place: if we'd allowed laws to develop properly, the wireless start-up wouldn't be interfering with the control tower in the first place; but because we've depended on the FCC to sort these issues out, those laws don't exist.

      It takes time for new technologies to develop into something economically useful. But laws work the same way; trying to jump-start the introduction of a new techonolgy by applying some artificial schema as a substitute for the gradual development of law will in the long run be as much of an impediment as forcibly standardising an immature technology before all of its problems have been completely worked out.

      To say that there aren't limited resources on the internet is a mistake, as well. There are a limited number of IPs and domain names available; there's a finite amount of badwidth available at any given time. But those problems have largely been solved with a minimum of political interference, and the internet works today by mutual cooperation according to constantly developing standards, not by direction from some central authority. If radio waves were treated the same way, we'd be better off.

      Think of national parks. We don't NEED the US Forest Service, right? We should just open the parks, abolish all the current rules and let all the tourists/loggers/environmentalists work out standards amongst themselves to protect the land and best use it? RIIIIIIGGHHT...
      The problem of working out "standards" for land use has been soved for centuries: it's called private property. The disputes between the groups you mentioned exist only because the land in question is owned by the government and considered "public" -- everyone feels that they have some claim on it. Let loggers chop down their own trees on their own land, let tourists visit wilderness parks run privately as co-ops or for-profit businesses, and either close off land earmarked for environmental conservation as wilderness, or turn it over to conservation groups.

      Leaving it in the hands of the Forest Service leaves all the groups involved unsatisfied and makes us deal with the consequences of mismanagement, such as the recent Los Alamos fires.

      In both cases the problem is the same: rather than establishing rights in several property in a finite resource, the state decides to view the whole resource as belonging to the public at once, so we wind up trying to balance all possible uses simultaneously. No one can ever be completely satisfied that way.
    34. Re:No by Anonymous Coward · · Score: 0

      Why do you think the highest bidder is the one who can make the best use of it?

      Suppose I'm a police department, how much do I have to pay?

    35. Re:No by Yet+Another+Smith · · Score: 1

      I don't think you RedTFA. You say, "Scrapping the FCC would lead to complete anarchy which would in turn result in very bad things for consumers...." McCullagh's article foresees this argument and looks at the historical context in which the FCC is created. "...[C]ourts were already undertaking the slow but careful common-law method of crafting a set of rules for the new medium. An Illinois state court decided in 1926, for instance, that Chicago broadcaster WGN had the right to a disputed slice of spectrum, because 'priority of time creates a superiority in right.'" He goes on to say, "Abolishing the FCC does not mean airwave anarchy."

      Abolishing the FCC does not mean eliminating government oversight of spectrum. It means eliminating a huge regulatory body that can be argued to dominate spectrum rather than simply oversee and resolve disputes.

      Seriously, leave the poor strawman alone - he can't defend himself. McCullagh, on the other hand, deserves a reading, as he's got some interesting ideas given the current state of flux that telecoms find themselves in.

      --
      if ($it != $onething) {$it = $another;}
    36. Re:No by j-turkey · · Score: 1
      Scrapping the FCC would lead to complete anarchy

      Have you read the article? It appears that you have completely missed one of his points. The author doesn't suggest scrapping the FCC and replacing it with nothing. If you can't be bothered to read the article, try this:

      Abolishing the FCC does not mean airwave anarchy. What it means is returning to bottom-up law rather than the top-down process that has characterized telecommunications for the last 80 years.

      Please, read the article. Essentially, other than their core function (oversight of the distribution of our radio spectrum) they've fucked up everything else that they've put their hands on (and they've got their hands in many other places outside of their initial core function). It's simply broken. Why not cut the part that works out, kill the rest of the FCC and call it something else (or keep the name, I don't care)? God forbid -- we try to fix something that's broken.

      --

      -Turkey

    37. Re:No by j-turkey · · Score: 1
      The Federal Communications Commission has federal authority. No city or state is permitted to make any law governing the use of the radio spectrum. For example, a town cannot pass a law saying that amateur radio operators cannot operate, or require that no one is permitted to listen to the local police radios while at home.

      I hate to be a pain in the ass knitpicky Slashdotter...but we are who we are ;)...besides, this one pisses me off:
      State regulators have found ways around federal law to ban radar detectors, these are the same laws that you outlined (see VA and DC). All these detectors are simply radios that listen for use of an unrestricted frequency (federal law permist listening into that frequency). State law can, have, and does trump federal law.

      --

      -Turkey

    38. Re:No by ZTiger · · Score: 1

      Lumpy you still miss the fact that everything you said can be done now with the FCC. There are already existing laws that would work with this. If you sell off frequencies (as the Article suggests) they be come the property of the owner and subject to most other property laws. Thus Verizon gets sued by Cingular for their false practices because Cingular owns that band. I agree with electing competent people, but most competent reject politics from the start.

    39. Re:No by Anonymous Coward · · Score: 0

      Isn't this something that could be accomplished by a private entity, or even a mutual agreement among manufacturers? After all, it's in the best interest of the dishwasher manufacturer to ensure that their product won't adversely affect the customer's other products. Enough such interference, and people will stop buying their stuff.

      A mutual agreement? That sounds like it would only cause the manufacturers to quarrel over who is right. And what manufacturer would want to examine every other manufacturer's products to see if their new product will potentially cause a problem? It's error-prone and time-consuming.

    40. Re:No by DerekLyons · · Score: 2, Interesting
      At first, perhaps. Eventually, as standards are created and applied to the airwaves just as they've been applied to the Net, things will settle down without a governing body of old farts who are easily bought.
      Given the generally poor quality of Net 'standards', this does not seem to be a generally good idea. (Consider the HTML 'standard', which gets more complex and murky with each passing version. Consider also that it's written by academics who consider theoretical considerations far more important than practical ones.)
      In fact, I'm pretty sure the DOD could just coordinate its own friggin' efforts and commercial interests could operate according to standards, kinda like Net standards.
      This theory fails utterly, because the radio spectrum isn't like the Net. On the Net I can communicate with anyone, across any link, with virtually any protocol I desire. So long as I obey some basic rules, I can format the interior of my packets in any fashion I want. The Net doesn't care, because it can transfer my packets across the same lines/links that it transfers every other packet.

      Radio however... If the DoD is using 810Ghz, then for all intents and purposes nobody else can use it because to do so creates interference between the two. The Net doesn't need someone to adjudicate between commercial and DoD operations because it does not care by design. Radio needs such adjudication because the laws of physics for us to care.

      Problems with such overlaps can already often be seen in Navy towns. Gargage door openers are Class 'B' devices, which means they don't interfere with anyone else, and accept interference by anyone. It also means that they don't have to adhere to FCC standards/guidelines so long as they don't cause and do accept interference. However the Navy has a radar that uses the same band as many garage door openers, (this is quite legal as that band is assigned to radars, and Class 'B' devices are required to accept interference). The end result? When the Navy lights off that radar in port, (which it rarely does), garage doors all over town open or close randomly.

    41. Re:No by corian · · Score: 1

      So what?

      I might do a lot of good work around the office, but if I'm also sneaking money from the cash registers, I'm still going to get fired.

      The FCC has adequately demonstrated that they AREN'T able to carry out their other business independently of their moral crusade. That moral crusade IS censorship, something the government should NOT be doing. Since the FCC can't stop this practice, the FCC NEEDS to be disbanded. Then a new agency can be created to take its place, with a more appropriate charter.

      Moron.

    42. Re:No by NateTech · · Score: 1

      That's the beauty of standards, there's so many of them to choose from.

      The Internet is hardly a good example of good Engineering practice.

      --
      +++OK ATH
    43. Re:No by NateTech · · Score: 1

      So who would enforce or monitor for legal violations?

      And the RF rules could change across jurisdictional boundaries?

      Completely unworkable. Unless you've come up with a way to keep RF inside city/state/county/country boundaries.

      Think it through.

      --
      +++OK ATH
    44. Re:No by icebike · · Score: 1

      If things had been allowed to devlelop naturally, we'd today have a good body of common law covering all aspects of radio transmission rights, etc. Instead we have a centralised decision-making body which has inhibited the natural development of technology and stunted its integration into the economy.

      Oh, please!

      Since when is a hodge podge of historically built up law better than systematic and revisable regulations that have ALLOWED for the natural development of technology and HELPED to integrate them into the Economy. Pick up your cell phone and give me a call about this, or send me an email via your wireless laptop.

      Perhaps we should litigate the structure of our road system, or our water system as well? Only a lawyer could rejoice at the thought of doing a title search to see if it would be legal to drive to Texas for vacation. Or being subject to a lawsuit because they made a cell phone call while standing on the wrong street corner.

      There are hundreds of thousands of laws and legal decisions on the books that would be better served by whipeing the slate clean and substituting a regulatory agency, with requirement for public input, and elected over site. Society is already hamsturng by the weight of the law to the point that the average person can not get thru the day without violating some law somewhere.

      Regulations can be overly burdensome too, But that is far easier to change than trying to convince your Legislature to over turn some silly provision that has built up over time.

      Call me crazy, but I trust an organization staffed by engineers far more that court full of lawyers.

      --
      Sig Battery depleted. Reverting to safe mode.
  2. fcc is a necessary body by quelrods · · Score: 4, Insightful

    The fcc exists primary to ensure radio waves continue to exist and companies are protected from each other. Without proper regulation, and I highly doubt the industry can do this alone, things like satelite tv would be irredic at best. Things like computer monitors, cordless phones, stereos would not have regulations on the interference they put out and cause lots of havoc.

    The fcc does do harm such as making money off selling radio spectrum but it's purpose is well defined and one not easily replaced.

    Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

    Problems such as the broadcast flag are more a fault of intense lobbying from the MPAA and very little opposition because people either don't understand or don't care. The fcc cannot be faulted for blunders to fair use.

    Further the writer's theory of owning spectrum is even sillier than the current system. As an amateur radio operater some times I'm a primary and other times a secondary user of spectrum. Primary means that I must not be interfered with a nd secondary means I better not interfer. The lack of spectrum would only be in crease if sharing was halted.

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    :(){ :|:&};:
    1. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Please. Noone watching the Super Bowl disliked seeing Janet Jackson's breast. Who watches the Super Bowl? Men. Certainly not the little old ladies who called to complain.

    2. Re:fcc is a necessary body by garcia · · Score: 4, Insightful

      I am pretty certain that we don't need a governing body telling us what is decent and what isn't.

      I think that it should be up to the people to decide through boycott and public displays of disapproval.

      Keep government control out of our lives.

    3. Re:fcc is a necessary body by damunzy · · Score: 0, Redundant

      I like a good tit like every other red blooded American but not during family time.

    4. Re:fcc is a necessary body by red+floyd · · Score: 4, Funny

      \i{The fcc exists primary to ensure radio waves continue to exist}

      I think Mr. Maxwell already took care of that.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    5. Re:fcc is a necessary body by BWJones · · Score: 5, Insightful

      There are other issues in addition to regulating radio spectrum that the FCC has undertaken. Namely, business management and media consolidation and "morals" are only one part of that aspect they feel they have to "regulate".

      Should the FCC be abolished?

      In a word,.......No. However, under the current director, Michael Powell (sorry Colin) I would argue there needs to be more oversight to ensure they are actually doing their job and protecting the peoples right to media and information. It could simply be a result of the overall current Whitehouse administration, but big media certainly does have an ally in the FCC right now. The current FCC supports large media consolidations to the point where we now have just FIVE large giants of commercial control in this country. Because media has become big business and not about reporting all the news that is fit to print or doing a journalists obligation to report facts, diversity of coverage becomes a monetary decision. Will it fit within the bottom line of the company? What will it do to our profit margins? I myself am rather disgusted with the way CNN has gone in the last few years after having started as THE source for my news. However, in the last few years they have decided from a business perspective, it makes more sense to report on the news mostly, but also a bit on stuff like who Jennifer Lopez is marrying now. Please.

      --
      Visit Jonesblog and say hello.
    6. Re:fcc is a necessary body by KarmaMB84 · · Score: 5, Insightful

      History has proven that the minority requires protecting from the majority. The "there's more of us so fuck you!" policy does not make for smooth operation.

    7. Re:fcc is a necessary body by earlgreen · · Score: 5, Interesting

      Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

      Hey, my breast-fed toddler was watching and she not only noticed but pointed and said "daaaa!!!". Why exactly anyone would decide that exposing a mammary gland is half time entertainment, and why anyone would actually care afterwards, is still a mystery to both myself and my daughter.

    8. Re:fcc is a necessary body by Anonymous Coward · · Score: 5, Insightful

      I really don't care if it makes for a smooth operation or not. The government was not originally meant to control us in the way that it does now.

      The FCC was not created to decide when and how "free speech" can be exercised.

    9. Re:fcc is a necessary body by conradp · · Score: 5, Insightful
      The fcc exists primary to ensure radio waves continue to exist and companies are protected from each other. Without proper regulation, and I highly doubt the industry can do this alone, things like satelite tv would be irredic at best. Things like computer monitors, cordless phones, stereos would not have regulations on the interference they put out and cause lots of havoc.

      This is absurd, a bunch of computer geeks ought to know better than this. Satellite TV exists *in spite* of the FCC, why you think your satellite dish wouldn't work without the FCC, I have no idea.

      • It's not the FCC that keeps motherboards compatible with memory and processors.
      • It's not the FCC that keeps monitors compatible with video cards.

      Private industry makes those things compatible voluntarily. Just as no one wants to buy a monitor that won't plug into your video card, similarly no one will want to buy a cordless phone that that interferes with your TV reception. We don't need big brother to take care of us.

      If this tiny smidgen of what the FCC does is so important, Congress can always pass laws mimicking the current FCC regulations that prohibit devices from outputting enough power to interfere with other devices. The problem with the FCC is that this tiny 5% of what they do that might be useful gives them cover for the other 95% of what they do that actually restricts progress.
      --
      "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
    10. Re:fcc is a necessary body by Jack+Schitt · · Score: 3, Insightful

      >>Things like Janet Jackson at the super bowl don't
      >>make me feel sorry for the guilty parties at all.
      >>National tv with children watching and people feel
      >>the need to "push the envenlope."

      I really don't think that a breast is going to kill a child, or even traumatize him that much. Just remember, in all likelyhood, he was sucking on one daily for several months before he could even talk.

      --
      This message brought to you by Jack Schitt's Previously Shat Shit
    11. Re:fcc is a necessary body by bobhagopian · · Score: 3, Insightful

      I'm not fully convinced either way about this issue, but I would like to comment on a few points raised in the parent:

      The fcc exists primary to ensure radio waves continue to exist and companies are protected from each other. Without proper regulation, and I highly doubt the industry can do this alone, things like satelite tv would be irredic at best. Things like computer monitors, cordless phones, stereos would not have regulations on the interference they put out and cause lots of havoc.

      Valid points, yes, but not ones without solution. For instance, the court system can also be used to "protect companies from each other." Although I think that society has become too litigious, it is technically correct that the judicial system is equipped to handle this problem. For instance, one could certainly establish a law which regulates the amount of power that a device transmits. You don't actually need an entire department to make sure devices don't violate such a law, all you need is a monkey with some sort of signal detector (and a lawyer). The threat of litigation for non-compliance (and the inescapable delays to product deployment) would be more than enough to restrain companies in the first place. And if they don't, well, you've got an attorney.

      Consider as an interesting but wholly unrelated analogy, civil rights laws. Because there are laws in place, we've been able to get away with having private organizations like the ACLU sue when appropriate. For the most part, it's worked.

      Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

      I could insert a Soviet Russia joke here, but it would actually make sense. This is just blatant censorship. I agree that children shouldn't have to be exposed to questionable material if their parents so desire, in which case there is justification for some sort of a notification/control system (e.g., v-chip). But to say that Howard Stern is just not allowed to broadcast anymore is absolutely ridiculous (this coming from a person who can't stand Stern).

      Problems such as the broadcast flag are more a fault of intense lobbying from the MPAA and very little opposition because people either don't understand or don't care. The fcc cannot be faulted for blunders to fair use.

      This is more of a reason to eliminate the FCC. If the FCC is so easily duped into listening to the MPAA/RIAA axis of evil, then it serves no purpose.

      Look, I'm as skeptical of the article as you are. But I would be careful to immediately conclude that there's no other way, because there always is.

    12. Re:fcc is a necessary body by Oculus+Habent · · Score: 4, Insightful

      If, when the auctioned off the spectrum, some frequencies were kept by the government and maintained as public - much the way the government purchases lands for parks and preserves - would this satisfy that issue?

      What if the FCC was reduced to ensuring public safety by regulating device emission standards, owning the public spectrums, and doing some small part in coordinating the beneficial use of technology? Wouldn't that be better than spending taxes mandating that in 2005 we won't be able to record anything on TiVo because Warner Brothers is worried about their copyright?

      The private frequency ownership doesn't work out quite as perfectly as the author suggests. Sure, opening a single UHF frequency up could mean billions in additional revenue. What if we opened up nine frequncies, in different parts of the spectrum, in different regions? Then the benefit is largely negated by the same difficulties we deal with in cellular today. The reason we buy tri-band phones is because there isn't a clear standard, and that, in some ways, drives an increase the cost of the products & services.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    13. Re:fcc is a necessary body by CA_Jim · · Score: 1

      I'm not sure where I saw this, maybe TechTV, but wasn't there a news article about high speed wireless devices incroaching upon spectrums for other devices? By utilizing more than one channel, the wireless routers increased their throughput but at the same time impacted neighbors. Sorry, don't remember the details. I do remember that there was something about incroaching upon other household devices, such as microwaves and cell phones. While the FCC does sometimes go off on a tangent, a little order here seems to be both a good thing and the primary intent of FCC regulation.

    14. Re:fcc is a necessary body by CrowScape · · Score: 1

      Sure, and we all know no parents sit down with their kids to watch the Super Bowl.

      Watching the Super Bowl with my extended family used to be a yearly tradition. Just glad that ended long ago... for many reasons...

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    15. Re:fcc is a necessary body by autopr0n · · Score: 5, Insightful

      Yeah, well. Without the FCC, there's nothing stopping me from buying a 80 megawatt radio and television transmitter, and broadcasting porn on every channel.

      I mean, how are people going to choose what's 'decent' and what's not when anyone with a lot of electricity can broadcast anything on any channel whenever they feel like it? Most likely, they won't get anything at all.

      --
      autopr0n is like, down and stuff.
    16. Re:fcc is a necessary body by Anonymous Coward · · Score: 0
      I really don't think that a breast is going to kill a child

      Then you haven't been using them right.

    17. Re:fcc is a necessary body by TGK · · Score: 4, Insightful

      Whoever moderated this as Troll needs to be dragged out into the street and shot.

      KarmaMB84 (and what the hell kind of a username is that?) is simply restating the opinions of a Mr. Alexis de Toqueville. de Toqueville argued that one of the inherent dangers of democracy was the tyranny of the majority. In short, that those who are in the majority can and will create laws which are designed not only to keep themselves in the majority but to oppress those that disagree with them.

      While it's a stretch to argue that this really applies in the case of television viewership, it certainly does apply in cases like the War on Terror (PATRIOT by its very nature stifles opposition).

      Troll indeed. Next thing you know we'll be modding Thomas Jefferson and John Locke down for "All men are created equal."

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    18. Re:fcc is a necessary body by LostCluster · · Score: 2, Insightful

      The US Government isn't based entirely on the concept of "majority rules". There's a secondary concept that the minority must also be given rights, even if that's not what the "majority" wants.

      Basically, the market can decide if Playboy Radio on XM is something they want to support or not... but nobody is forced to listen to that, you can't even accidently tune it on an XM device unless you're paying a monthly fee and then an extra monthly fee for that one channel.

      "Broadcast" radio, as in the AM and FM bands, is a whole different venue altogether. That's a very public space because the receiver technology for those bands requires no authorizations and are very cheap and common. It's presumed kids could be watching, which is why there's content regulation there.

      Freedom of speech gives you the right to express whatever you want, but it doesn't promise you the means with which to express anything. If you speak in private, you can definitely say anything you want to whomever's there to listen. However, if you are performing in front of a public audience, your presentation had better conform with the standards of the venue or you'll be pulled from the stage...

    19. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      However, if you are performing in front of a public audience, your presentation had better conform with the standards of the venue or you'll be pulled from the stage...

      A "venue" would be considered private property. There is obviously no "rights" when you are somewhere not owned by yourself.

      If you are speaking in public you have the right to say or do anything you wish. The Constitution permits for that. We were never meant to have a body of hand-picked individuals decide the meaning of the "vagueness" of the document. It was made vague for a reason... So that it couldn't be nitpicked to death.

      The forefathers couldn't have thought of everything and they certainly couldn't have thought of their fellow citizens allowing the destruction of the freedoms they fought to allow.

    20. Re:fcc is a necessary body by Planesdragon · · Score: 1

      National tv with children watching and people feel the need to "push the envenlope."

      I can guarantee you that every last child watching the Superbowl was or should have been aware of what a breast looked like.

    21. Re:fcc is a necessary body by NanoGator · · Score: 1

      "I am pretty certain that we don't need a governing body telling us what is decent and what isn't."

      In the context of the Janet Jackson media sensation, I agree. In the context of the FCC demanding so many hours of educational programming, I disagree.

      I'm not quite sold on the idea of abolishing the FCC. There are reasons to be annoyed by them, but there are reasons to appreciate why they're there. This will become rather apparent in a couple of years when it's difficult to get wireless networking going because there are no real restrictions on setting up hotspots.

      --
      "Derp de derp."
    22. Re:fcc is a necessary body by NanoGator · · Score: 1

      "Why exactly anyone would decide that exposing a mammary gland is half time entertainment, and why anyone would actually care afterwards, is still a mystery to both myself and my daughter."

      Err, are you male? Mammary glands cause underwear tents. That's the problem.

      In any event, I do agree, it was way over-sensationalized. If there was any real damage caused by that half-time show, then the media in general should foot the bill for making sure we got to see it over and over again for an entire week. I'm not mad at Janet or the network that ran the Superbowl, but CNN, shame on you.

      --
      "Derp de derp."
    23. Re:fcc is a necessary body by perlchild · · Score: 2, Informative

      I wonder just how many people will react to a government body failing to do it's most important mission(as a principle, and not necessarily in the letter of the law) as a reason to abolish said government body. I wonder if we'd do the same thing with other fields. Insufficiently-tested medicine is still making it to the market and harming Americans, let's abolish the doctor's association.

      Replacing the FCC with a body whose task is to monitor the Media and other for from undue politicial influence(yes that means both the parties AND the lobbies like the RIAA) might do a lot more good. Although, in this case, protecting said body from those influences would be the first hurdle. Maybe if the American people could do something without the Parties and the Lobbies actually having a say beforehand would be useful at that(the public doesn't have a tool that's untainted by the political movement at present, with which to act in its own unpartisan interest, while both parties are very partisan, but aren't exactly opposed, leaving a lot of people under-represented.

      That the fact that the FCC is tasked with regulating communications, which communications ARE vital to both national-security interests, financial market regulatory compliance, integrity of the electory process and even the judicial system highlights just how important that this group be watched. The problem is, that right now, noone is watching the guardians... The political representation of the FCC should be just as important as the House of Representatives itself, as the power of communications, expressed through among other things, the Media, can have more far-reaching consequences than some laws... That noone is watching the FCC when it plays with that "field" is a sign that some interests are more represented than others.

      That the FCC is trying to police content, and not even notice the effects of Media Consolidation should worry us a lot more than it does.

      Perhaps the USA doesn't need an FCC, because its budget would be better applied at actually having anti-cartel laws that have teeth, and catch more than the occasional careless perpetrator, that I can believe. But not because the market can police itself, right now, it's more like because the police that's supposed to be watching the market is too busy watching nipples.

    24. Re:fcc is a necessary body by mlyle · · Score: 3, Informative

      Satellites put out rather small amounts of output power compared to terrestial transmitters; and the inverse square law means the strength of the signal from, say, a DirecTV transponder is greatly diminished. The fact that satellite operators are guaranteed spectrum that will be clear from interference is one of the many necessary economic conditions to make communications satellite launches profitable/worthwhile.

      In addition, the FCC helped fuel DBS satellite TV adoption by pre-empting local laws, and codes, covenants, and restrictions (all those long restrictions on land's use generally put in place by the original developer) from prohibiting satellite dishes/antennas smaller than 1m. Prior to that, most developments and tract houses (and some entire cities) were banning their use. This is another thing that the FCC did that helped make DBS worthwhile.

      It doesn't take much output power to mess other things up.. A few hundred milliwatts is enough to interfere with GPS with everyone you have line of sight to (including airplanes). Regulation preventing everyone from stomping on everyone else is good.

      This doesn't mean I agree with everything the FCC does; policy on the ISM band is lackluster, and the FCC leans way too hard to protect existing licensees in AM, FM, and TV broadcast applications at the expense of new services and local operators.

    25. Re:fcc is a necessary body by rspress · · Score: 2, Insightful

      You are correct without the FCC the interference by these on tested devices would not only cause interference to the end users but could cause interference to public safety radios and communication networks as well.

      As far as Janet Jacksons boob shot well, I don't like the government telling me what I can watch but MTV knew the rules before putting the show on, so they should not be too surprised by the reaction. At least they could have stepped up and taken the blame for it instead of lying their way out and blaming everyone except themselves.....that pisses me off more than government interference.

      Which brings up another point. I love football but what in thee hell are this stupid bands doing at the halftime shows? Football and nsync or Justin Timberlake do not mix. Stick with hard rock groups or country and western. Boy band pop has no place at a football game.....or in public in general for that matter.

    26. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 5, Insightful

      "The FCC was not created to decide when and how "free speech" can be exercised."

      I fail to see how what happened is a case of free-speech. Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship.

      I think we do more or less have the same frame of mind (I don't like the gov't dictating what is good or bad, i.e. Vice City), but man, please, don't turn this into free-speech. You'll lose.

    27. Re:fcc is a necessary body by Profane+MuthaFucka · · Score: 4, Insightful

      There should be laws regarding the maximum power transmitter one is able to use on a particular frequency, and that's all. OK, reserve some limited bands for aircraft and emergency use. Everything else is up to individuals to work out between themselves, the markets, the courts, and their gun collections. Just kidding on the gun collections part. Sort of. Maybe they could televise a 'frequency allocation duel'.

      Anyway, if the airwaves are not suitable for relatively high power AM, FM, and TV broadcasts, then those uses should fall into oblivion. Other uses for the airwaves to transmit the same information will quickly replace the old dinosaurs.

      The major uses of the radio frequencies are the very same uses that were envisioned when radio was invented. Those were 1) talking between ship and shore, 2) entertainment broadcasts, and 3) replacing the telegraph. I'll give you #1, which is necessary for ships, planes, etc. But 2 and 3 are better served by other technologies, or different radio technologies.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    28. Re:fcc is a necessary body by SphericalCrusher · · Score: 1

      Even it can stay stable by being people-controlled, then more power to it. Even though I HATE the FCC, I feel that we need some sort of consistant stability to hold everything together. This IS America after all and we are not communist.

      --
      "Instant gratification takes too long." - Carrie Fisher
    29. Re:fcc is a necessary body by king-manic · · Score: 1

      It was a boob. Children can see it all they want. They saw it when they were 0-1, they'll see when their 16-dead (on slashdot, from 32-50 when their wives file for divorce when they won't quit spending 13 hours a day posting.). Or they see it everyday in the shower. It's a breast. It's not like the executed someone on live or they were having sex with a hourse. It was a breast. Nothing obscene or bad about it. It was blown way out of proportion and made Americans look like infintile teenagers. At least the nit wits getting upset over it. Whats the difference from a normal Britney spears video or show and what happened there? About 1 cm and a bit of pink instead of dark brown. Why is one fine and the other an attrocity to the innocence of children? Children need to be protected from gun violence, from murder, from poverty, from exploitation but not from sex.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    30. Re:fcc is a necessary body by AKnightCowboy · · Score: 1

      Questions like this article poses remind me of when I ask the question "Should I buy a blue or a gray flying car?" A normal person standing back from the situation would think you absolutely daft for even asking. Of course it should be abolished IF there was some other way to regulate the airwaves, but there's not. I sure as hell don't want corporations choosing who, what, when, and how we get to use the airwaves. Government is perfect for situations like this, if only they couldn't be corrupted by those same evil corporations I fear would be horrible overseers of our national public airwaves.

    31. Re:fcc is a necessary body by JWSmythe · · Score: 5, Insightful

      Read the article.

      They're suggesting frequencies be sold like property. If you're broadcasting between 54Mhz and 216Mhz, and I own that property in the area (VHF TV channels 2-13), I'll sue you, and I'll get a restraining order to get your equipment unplugged or seized.

      For the owner of those frequencies, it's a valuable asset. It'd be like owning property on Wall Street, and opening a peep show theater. I could make a whole lot more money selling the space as executive office space.

      I don't agree with the idea of abolishing the FCC, but I do feel that they need to be reorganized.

      I'd like to buy a 100W transmitter, and do a mix of talk and local group/band/dj music. It's not going to happen though, the FCC is getting too much for their licensing. I'm sure the ASCAP, BMI, etc, etc, would want a substantial cut of my profits too.

      In the case of the boob flash at the Superbowl, the sponsors pulling their money hurt them more than the FCC throwing fines around. The sponsors control what gets broadcast way more than the FCC does.

      Consider what gets more viewers, Friends, or a local talk show about county government? People are going to watch Friends, rather than hear about zoning changes in the ghetto. The sponsors throw their money to where the viewers are, and broadcasters are going to try to put up more content that is favorable to making more money. More housewives want to watch soaps than sci-fi horror movies. If more people were watching higher channels with their movie reruns during the day, you'd see more movies showing up in the lower channels during the day. Thank you Nielsen.

      Even the cable industry knows when to cash in. Sure there's a bit of soft-core porn on at night, but it's available 24/7 on PPV channels, where they can make a real buck.

      If getting a 80MW transmitter and broadcasting whatever you want gets you off, do it. You can buy transmitters online from overseas vendors. Right now you worry about the FCC. Without the FCC, you worry about the owners of those frequencies suing the pants off you. I'd worry more about 83 lawsuits, than I would about 1 FCC fine. Don't forget to make sure that porn you're transmitting is licensed for distribution purposes, or you'll be sued by all those porn companies too.

      --
      Serious? Seriousness is well above my pay grade.
    32. Re:fcc is a necessary body by Anonymous Coward · · Score: 0
      Without the FCC, there's nothing stopping me from buying a 80 megawatt radio and television transmitter, and broadcasting porn on every channel.

      • Not enough money
      • Not enough porn
    33. Re:fcc is a necessary body by JWSmythe · · Score: 1

      The first year you get to play with breasts, and you don't realize what you have. You spend the next 16 years trying to even touch one again. :)

      Well, in the case of /.ers, it may be more like 20+, til you score with an 'escort'.

      [Ducking]

      --
      Serious? Seriousness is well above my pay grade.
    34. Re:fcc is a necessary body by Anonymous Coward · · Score: 1, Funny
      Troll indeed. Next thing you know we'll be modding Thomas Jefferson and John Locke down for "All men are created equal."


      If we're all equal, then how is that I have a small penis?
    35. Re:fcc is a necessary body by hdparm · · Score: 1
      Err, are you male? Mammary glands cause underwear tents. That's the problem.

      Err, you. The problem would be if they don't.

    36. Re:fcc is a necessary body by zoloto · · Score: 0, Troll

      and exactly HOW does the government control us? Can you give me an example of HOW they do that?

      Hell, by most /.ers examples someone sneezing next to you controls you by your reactions and thoughts that happen afterwards...

      or the weather for that matter, it rains and you're controlled to get into a shelter.

      Damn, people learn to grow up

    37. Re:fcc is a necessary body by damiam · · Score: 4, Funny
      Mammary glands cause underwear tents.

      Not Janet Jackson's.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    38. Re:fcc is a necessary body by vnguyen6 · · Score: 1

      Mr. KarmaMB84 obviously has not follow the many recent decisions (debacles) by the FCC. In fact, they never protected the interests of the fews but that of big coporations (monopoly). This is especially true under Bush version 2.0 and Powell Junior.

      p.s. American soldiers are dying on the streets of Iraq. BRING THEM ON!

    39. Re:fcc is a necessary body by Anonymous Coward · · Score: 0
      I'm such a hardcore rebel, I go out in the rain on purpose.

      I should get a motorcycle. And ride it. In the rain.

      HOW DO YA LIKE THAT COPPER

    40. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      the opinions of a Mr. Alexis de Toqueville

      I've heard of him. Didn't he claim that Linus stole Linux from Andrew Tanenbaum?

    41. Re:fcc is a necessary body by JWSmythe · · Score: 1

      You saw it on here. Well, a mixture of several different articles (that I'm too lazy to find).

      A story one story about a vendor taking multiple 802.11b/g channels to get higher throughput.

      A story about the FCC allowing for wireless devices to use unused television frequencies.

      A Story about 2.4Ghz interference.

      There was another story about a vendor who was using two channels to double the throughput, but ended up interfering with other near by 802.11b/g networks, due to poor restraints on their frequencies. I can't seem to find that one, it was a couple months ago.

      --
      Serious? Seriousness is well above my pay grade.
    42. Re:fcc is a necessary body by benna · · Score: 1

      I think the biggest problem with abolishing the FCC would be media consolidation. The situation with clear channel is already bad enough. I worry that without the FCC it would get even worse.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    43. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      why dont you show us your source on this? instead of just spewing what probably is a whole lot of crap.

    44. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Alexis de Toqueville may have had a few good ideas, but for the most part the man was an idiot. I bet Americans weren't too fond of some French guy who came to this country for the sole purpose of criticizing it.

    45. Re:fcc is a necessary body by autopr0n · · Score: 3, Interesting

      For the owner of those frequencies, it's a valuable asset. It'd be like owning property on Wall Street, and opening a peep show theater. I could make a whole lot more money selling the space as executive office space.

      You might think so, but porn is very popular. A single strip club on wallstreat would be a cash cow, I'm sure.

      But good luck buying one. City governments have a lot of control over what gets built. Just look at the porn shops in times square. They got shut down and replaced with Disney shit by Gulliani.

      The FCC is like the city government of the airwaves.

      That said, treating the airwaves like property is a bad idea. Why? Because it's a very limited resource. People like clear channel could buy up every radio frequency, and then turn them silent, to save money in a certain market. Or a radio business could fail and keep their frequency for years for the hell of it, or whatever.

      --
      autopr0n is like, down and stuff.
    46. Re:fcc is a necessary body by jcr · · Score: 1

      Nothing except tort law. You transmit on someone else's frequency, expect to see them in court.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    47. Re:fcc is a necessary body by jasonditz · · Score: 1

      The fcc exists primary to ensure radio waves continue to exist

      Sure you don't want to rephrase that?

    48. Re:fcc is a necessary body by cshark · · Score: 4, Interesting

      I'm all for disbanding the FCC.

      Decency regulations are shit.

      Don't want them don't need them.

      I think it's time we started putting pussy on TV. Lots of it. In fact, we could even have a whole channel devoted to nothing but big fat sloppy wet pussies. Or better yet, ten of them...

      Spectrum regulations?
      Yes, I don't mind being radiated by both my monitor and my microwave, not to mention a dozen or so other devices that the FCC regulates.

      I wonder if it radiation whitens teeth...

      C'mon, did you really want to watch TV on your TV anyway? I would personally much rather mod my TV to listen to people's cell phones, which is the first place all that handy new unregulated bandwidth is going to go.

      We didn't need AM or FM to be regulated anyway, and I'm sure there are several interesting kinds of broadcasting we can do over FM is the FCC is abolished.

      I could record a tape of myself saying "fuck fuck fuck" for about ten minutes, loop, and broadcast to california. Okay, maybe not from my car, but if there's no regulation on the band, what's to stop me from building an antenna on my roof? I'd call it, the fuck channel. One word, all the time!

      Getting rid of the FCC would force everyone to buy new technology and get rid of their old shit which only half works anyway! Besides, all that old stuff is missing important DRM technology anyway. It's really in our best interests that we buy the new stuff that's locked down for our own protection.

      It will be great!

      It would be a boom the economy... in India!

      Think of it like all that trickle down economics. It's like a tax break for the super rich, but better!

      Just as the tax breaks have arguable benefit for the working American, this idea would have no tangible benefit at all!

      Just think of it, we would automatically hand over billions of dollars to giant transnational companies, which will turn around and pay no taxes, ship more jobs over seas, and all that fun stuff.

      I hope they abolish the FCC.
      And while we're at it, let's abolish the FDA (arsenic anyone?). And any other useless thee letter government agency.

      --

      This signature has Super Cow Powers

    49. Re:fcc is a necessary body by the_Bionic_lemming · · Score: 0, Troll

      You're forgetting the fact that most here won't have kids and therefore won't mind mind porn 24/7 on the television.

      Unlike the article's authors rant raving - Janet Jackson's breast was an issue with parents who simply didn't wish to expose their kids to that.

      Yeah - It might be a breast to you, but perhaps we should of left the breast to other activities other than the super bowl.

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    50. Re:fcc is a necessary body by bl968 · · Score: 1

      Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. However anxiously we may wish that these complaints had no foundation, the evidence, of known facts will not permit us to deny that they are in some degree true.

      The Federalist No.10 by James Madison (1787)

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    51. Re:fcc is a necessary body by EvilAlien · · Score: 4, Insightful
      " Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship."

      That is exactly why it is about freedom of speech and censorship. Your idea of what constitutes" decency" is not absolute. Decency is not a measurable thing, but a concept. It is a judgement that is entirely qualitative in nature. What, objectively, is indecent about Janet Jackson's breast? Is it more or less indecent than showing the towers in New York falling live on CNN? Is it more or less indecent than the opening scene of Saving Private Ryan? Is it more or less indecent than simulated rape on a TV drama?

      I'd like to know how people actually think Janet Jackson's lame stage show is actually dangerous and in need of punishment. I hate to break it to you, but most babies see more boob on a regular basis than most men on /.... I'd use the tired old "there is stuff way worse than that on European commercials" example too, but I'm sure that would turn into a round of good ol' RAH RAH U S A.

      The secret to the rapid increase in wealth in the USA isn't due to puritanical phobia of nudity, and I'd like to hear a good reason for the FCC to be interested in content rather than something real like ensuring communications infrastucture stays operational.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    52. Re:fcc is a necessary body by SmilingBoy · · Score: 3, Insightful
      The private frequency ownership doesn't work out quite as perfectly as the author suggests. Sure, opening a single UHF frequency up could mean billions in additional revenue. What if we opened up nine frequncies, in different parts of the spectrum, in different regions? Then the benefit is largely negated by the same difficulties we deal with in cellular today.
      There is a slight confusion here. The billions of additional revenue would not be the good thing for society - the good thing would be that the frequency would be used by someone who values it at billions of dollars. If spectrum was tradebable, the scenario that you describe would not happen. It is most advantageous to have mobile phones running in the same frequency band throughout the world. So, for example, without regulation, the mobile providers in the USA would most likely have settled on the standard that is used in the rest of the world, GSM-900/1800. This would be so much more profitable that the mobile phone companies would be able to buy out the previous owners of these frequencies.

      Markets usually work - but some, like the one for spectrum, need to be created first by tearing down artificial regulatory barriers to trade.

    53. Re:fcc is a necessary body by dasmegabyte · · Score: 3, Insightful

      You're right. Asking for decency during a sports broadcast isn't the same as censorship. If they were merely asking, I don't think anybody would be upset.

      But mandating and enforcing decency through unfair fines *IS* the same thing as censorship.

      I think it's obvious that certain broadcasts go to far. If we were ASKING the broadcasters to please tone it down a bit, they probably would. After all, they NEED people to feel that they can watch programs without being offended, or they will lose advertisers. Ever notice how FEW advertisers there are for the Howard Stern program? They must be paying well, because the big guys won't touch the show. It's too edgy to associate with.

      But a lot of the time, we aren't asking. We're letting them slide, and then fining them well after the fact for violating regulations we didn't tell them we had. And that, my friend, is CENSORSHIP. It's saying, "we don't like what you did, so we are going to use economic sanctions to stop you from doing anything in the future."

      --
      Hey freaks: now you're ju
    54. Re:fcc is a necessary body by slipstick · · Score: 1

      Obviously you didn't read the article.

      Ever heard of trespass?

      The idea was to sell off the spectrum than allow the owners to treat it like land.

      Go ahead and broadcast, you'll be thrown in jail just as fast as if you tried it now.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    55. Re:fcc is a necessary body by dasmegabyte · · Score: 0, Offtopic

      Some men are more equal than others. For the rest of us, there's Levitra. Ask your doctor if it's right for you.

      Incidentally, I hear Thomas Jefferson was hung like the Liberty Bell.

      --
      Hey freaks: now you're ju
    56. Re:fcc is a necessary body by conradp · · Score: 2
      In addition, the FCC helped fuel DBS satellite TV adoption by pre-empting local laws, and codes, covenants, and restrictions (all those long restrictions on land's use generally put in place by the original developer) from prohibiting satellite dishes/antennas smaller than 1m. Prior to that, most developments and tract houses (and some entire cities) were banning their use. This is another thing that the FCC did that helped make DBS worthwhile.

      That's an excellent point, I had forgotten about that. It's funny that this one example of the FCC doing something good is actually a case where they acted to prevent regulation; that is, the FCC passed rules prohibiting local governments from banning small satellite dishes. Moreover, the FCC didn't do this of their own accord; according to this, Congress passed a law explicitly requiring the FCC to create this rule.

      If the FCC did not exist, surely Congress could have just passed this "local governments can't ban small satellite dishes" law themselves directly. Again, no need for the FCC.
      --
      "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
    57. Re:fcc is a necessary body by vnguyen6 · · Score: 0, Troll

      Please read archived posts about Alexis de Toqueville. It is not some French guy but a bunch of American guys used by Microsoft was a war by proxy to attack Linus and Linux.

    58. Re:fcc is a necessary body by NanoGator · · Score: 0

      "That is exactly why it is about freedom of speech and censorship. Your idea of what constitutes" decency" is not absolute. Decency is not a measurable thing, but a concept. It is a judgement that is entirely qualitative in nature. What, objectively, is indecent about Janet Jackson's breast?"

      The fact that she showed it on a network that has regulations saying "no you can't show it."

      Showing her breast in this scenario isn't free speech.

      --
      "Derp de derp."
    59. Re:fcc is a necessary body by slipstick · · Score: 1

      Just how limited do you really think it is?

      Is it any more limited than the land in NewYork City, Brooklyn, Manhatten island...?

      The scenarios you worry about are no different than those for actual land and we don't have all land rapped up by one company. Yes there are companies that let land stagnate but why should the airwaves be treated differently?

      All your saying is that if things were different they wouldn't be the same. At this level of analysis we can't possibly say what the results would be only that they would in fact be diffferent.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    60. Re:fcc is a necessary body by JWSmythe · · Score: 3, Insightful

      I agree. I could definately see Clear Channel spend millions (billions?) buying the property, which shouldn't really be sold in the first place. Why should a company now get something that should be open to everyone, and have the rights to it indefinately? It would be like selling the rights to speech? It's sound waves, at a lower frequency. But hey, this is the world we live in (for now), anything can be bought and sold. Even the land you're sitting on is owned by someone. It was there for millions of years, til some genius said "This is mine", and then made it available for sale. Why? Because they could, or more importantly because they were allowed to. There are *HUGE* tracts of land that are "owned" and undeveloped, that I'm sure plenty of people wouldn't mind moving to. Why? Because someone got a sweet deal years ago, and isn't willing to share. In many areas, that keeps the commodity of land at a high value.

      Until the Europeans invaded North America, the concept of land ownership was unknown. Now ask the Native Americans what they think of land ownership.

      --
      Serious? Seriousness is well above my pay grade.
    61. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 1

      "But mandating and enforcing decency through unfair fines *IS* the same thing as censorship."

      So is it censorship when McDonald's says "please wear pants"?

    62. Re:fcc is a necessary body by NanoGator · · Score: 1

      It really is hard to call it censorship when we all know what is under her clothes. Compare that to the great firewall of china, and well...

      --
      "Derp de derp."
    63. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      What the fuck are you talking about? I hope, for the sake of all mankind, you're not referring to the Alexis de Tocqueville Institution, because that would mean you really are that stupid. Just who the hell did you think they named themselves after, anyway?

    64. Re:fcc is a necessary body by nick0909 · · Score: 3, Insightful

      The problem is not every person wants to make money off airwaves. Amateurs use it for fun, public services use it because they have to to be effective. Would you buy the space for the portable phone in your house? Who would pay for the WiFi frequencies you are using? Bluetooth? All those other little fun things people use but no one body controls to buy the frequency for would go away. Sometimes things need to be set aside for people that don't have a way to pay for them but have a very good use. Should people have to buy their own roads because they want to drive around, or have a managed system of distribution and sharing? Land is limited in NYC but people can go elsewhere. If they sell all the usable spectrum (and no it isn't infinite) there is no where else to go, you just don't get wireless.

    65. Re:fcc is a necessary body by Anonymous Coward · · Score: 2, Insightful

      "Showing her breast in this scenario isn't free speech."

      Of course it is! You don't want to admit it because it interferes with your notion that somehow speech is free.

      So you rationalize your desire to stifle free speech when it offends by saying "Well, bare breasts are not free speech".

      Sonny boy, when Lady Godiva rode naked through the streets, it was a political statement. It was political speech.

      When somebody burns the flag, the supreme court has ruled this is protected political speech.

      SO again, I ask, how is this not free speech? It is artistic expression, which is by definition free speech.

    66. Re:fcc is a necessary body by DunbarTheInept · · Score: 3, Insightful


      Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship.

      Yes, it is. Certain social and political ideas are considered "indecent" by some.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    67. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Yes, indecency is by its nature a qualitative judgement. But that doesn't mean we can't or shouldn't make such a judgement.

      Most people would agree that it would be indecent for someone to go grab a burrito at Taco Bell while wearing a T-shirt emblazoned with the picture at http://goat.cx/ [Warning: link is not work-safe nor dinner-safe.]

      A few people wouldn't agree, or at least they might disagree about the level of indecency in such an act. But certainly that does not mean that society as a whole cannot draw a line and say collectively: "Goatse pictures are not allowed at Taco Bell!"

    68. Re:fcc is a necessary body by DynamiteNeon · · Score: 1

      Let's clear something up.

      It IS NOT censorship if a company who pays a singer to perform complains afterwords or wants her to do things their way. Rules created by corporations to "self censor" are not real censorship. That's just them catering to what they think the market wants. It's good business.

      That's not what's going on though. When the government tells people what they can/cannot say or do, that is censorship. Last I checked, the constitution is pretty clear that the government "shall make no law" restricting the freedom of speech.

    69. Re:fcc is a necessary body by DunbarTheInept · · Score: 1

      How many people are employed by the corporations of which you speak - versus how many people are in the marketplace of their potential consumers? Favoring big corporations over their potential customers *is* favoring the few over the many.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    70. Re:fcc is a necessary body by NachoDaddy · · Score: 5, Insightful

      So who 'buys' the spectrum for low power unlicsened devices like radio control? Whoops, some big telecom just bought 72MHz, buh-bye radio control toy industry. How about that 144-146MHz band? OK it's up for auction. I see the amatuers came up with $132.78 between them, and looks like FedEx came up with $15 million for the same band. We have a winner. Oh, and that 100W FM station you wanted. There used to be a thing called low power FM, available cheaply to non-profits and average people, but under the new rules, you will have to buy it from Clear Channel for $26 million. Too bad. The guy who wrote that article is a bofoon that has no real concept of the variety of services the FCC provides. The FCC, in spite of all thier pad press, is a great equalizer, making wireless spectrum available to great large audience, big and small organization alike. Next time you key up you FRS radio to find your kids, say 'thank you' on prime real estate in the UHF band.

    71. Re:fcc is a necessary body by DunbarTheInept · · Score: 1

      If your goal is "build myself a house" then there are places to go where that is possible, outside Manhattan. If your goal is "build myself a radio transmitter and broadcast with it", then the RF spectrum that radios can pick up is your absolute limit, set mostly by the fact that the RF spectrum is a world of one-dimensional real estate between some endpoints. The only way to fit more people is to take some space away from someone else out.

      Your Manhattan analogy fails because Manhattan is ONE dense area in a world that is mostly less dense than that. If the whole world was as dense as Manhattan, then your analogy would hold true (and there would be radically different rules governing real estate than we have right now.)

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    72. Re:fcc is a necessary body by NanoGator · · Score: 1

      " You don't want to admit it because it interferes with your notion that somehow speech is free."

      Huh?

      "So you rationalize your desire to stifle free speech when it offends by saying "Well, bare breasts are not free speech"."

      I never expressed desire to stifle free speech. She wasn't even making a statement with her breasts. Slightly different from what happend ith Ms. Godiva.

      "When somebody burns the flag, the supreme court has ruled this is protected political speech."

      The key difference here was that a statement was being made with the burning of the flag.

      "SO again, I ask, how is this not free speech? It is artistic expression, which is by definition free speech."

      Artistic expression? Are you serious?

      --
      "Derp de derp."
    73. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 0

      "When the government tells people what they can/cannot say or do, that is censorship."

      They're not telling people what they can say or do. They're not telling Janet not to bare her breasts. They're telling her "Don't do it on broadcast television." (Note: It'd be fine on cable tv.) Why is it bad for the government to disallow that, but it is okay for the government to arrest a man for going to Disneyland without wearing any pants? Sorry, but I don't buy this. If the government were preventing people from downloading the unblurred video on the net, then you'd have a legitimate case for calling it censorship. The best you can call it is restriction.

      "Last I checked, the constitution is pretty clear that the government "shall make no law" restricting the freedom of speech."

      Yes, this is a nice big catch-all we can all use when we decide we don't like what the gov't is doing, isn't it. Except you can't make free-speech everywhere. Beacuse the gov't is bad? No. Like you'd complain if the police arrested protestors knocking on your door. Are they being censored? Stifled? No. They have a means to express themselves, just as Janet does if she really really wants to tell the world a message with her.. uh .. breasts. (Damn that sounds so ridiculous.)

      My whole point in this thread has NOTHING to do with whether the FCC is right or wrong. The point is that censorship is not the way to fight this. It is a thoughtless argument that is far too easy to dismiss.

      We're not on opposite sides here. I'm trying to help.

    74. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      RTFA! He explained the selling off of each frequency. Each would be owned like land and if you trespass you are punished. Geez.

    75. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      But... It does make the trains run on time... right?

    76. Re:fcc is a necessary body by shiftless · · Score: 1

      Troll indeed. Next thing you know we'll be modding Thomas Jefferson and John Locke down for "All men are created equal."

      Wow, those two are slashdotters?!

    77. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      They're telling her "Don't do it on broadcast television." (Note: It'd be fine on cable tv.)

      That's pure eliteism. Only those who can afford cable TV should have the right to free expression?

    78. Re:fcc is a necessary body by NanoGator · · Score: 1

      "That's pure eliteism. Only those who can afford cable TV should have the right to free expression?"

      Actually, cable is cheaper than network TV.

      --
      "Derp de derp."
    79. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Yeah, well. Without the FCC, there's nothing stopping me from buying a 80 megawatt radio and television transmitter, and broadcasting porn on every channel.

      Today, the Federal Government has anounce the Federal Property Commission. Since there is nothing to stop people from buying a 50 foot RV and parking it on someone's lawn, the government is now abolishing private property in favor of government regulation of property.

      If you dimwits didn't get it, private property rights and the well-established legal methods of defending it, are what would stop you. The FCC is not like the cops you call when you've been burglarized; they are like cops sitting in your house watching to make sure you don't do something illegal. Those cognizant of freedom and Constitutional law call that "prior restraint". That's a Bad Thing.

      Private property is the principle which should have been applied to radio spectrum in the first place. The original justification for the socialist model of the EM spectrum was its scarcity, an argument which technology overran rather quickly... but that's never stopped government expansion before.

    80. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Sorry for not logging in.

      Anyhow, if a naked man runs through Disneyland, you can't change the channel. You can't choose to not participate in the viewing besides closing your eyes and/or turning away, which restricts your activity and is rightfully illegal. TV allows you to choose the content by pushing a button. It's my personal opinion that you have control of the TV, therefore you are responsible for what is on it, unless a discrete and unambiguous set of standards is presented to you by some governing body (the FCC's rules are nebulous at best) and those are broken.

      However, this is one of those trick areas where you impede on someone's rights no matter what you do. Perhaps you believe you have a reasonable expectation to a certain level of "morality" in public television. I think that is a flawed model, because it restricts people and doesn't allow choice. I think a good model is the rating system we have, plus better parenting and more responsibility. Most of the reason that people don't want to see nobs on TV is "for the children." Well, if you have a rating system, you can tell before (or during thanks to digital TV) if you will see boob during the show. Change the channel. Take your kids out to play a game. Etc...

      Perhaps channels should be in control of their own "moral code." I think this would be a great system. There is a version of this around where I live, as we have the "Family Channel" (no I don't have cable, so everything is all broadcast here). It bleeps pretty much any word that could be construed as a possible swear (even hell and damn). Most other channels are riskier, they doesn't censor as many words, etc etc etc...

    81. Re:fcc is a necessary body by Captain_Chaos · · Score: 1

      I'd use the tired old "there is stuff way worse than that on European commercials" example too, ...

      No shit, take a look at this official TV spot for the upcoming european elections.

    82. Re:fcc is a necessary body by MourningBlade · · Score: 1

      I'll get to the "ClearChannel spend[ing] millions (billions?) buying the property" stuff in a moment.

      First, because land can be bought and sold with few regulations, it will be available to anyone. It used to be that in order to own land you had to be royalty (or damn near). Having a government control something like land creates a tyranny. A "landed class." Those did exist.

      And what happens? Since there were few who owned land, restrictions were made. Those who owned land could vote. Today, those who own radio waves can make political statements near elections (McCain-Feingold).

      If you do not allow land to be bought and sold with money, it will be bought and sold with influence.

      Resources are scarce. Not scarce as in "will we have to buy land so we have somewhere to sleep?" but scarce as in "not everyone can have as much land as they want and to do whatever they want with." The best way to get people to do something with something is to make it buy-able and sell-able. Just as people make better guesses when there's money on the table, people make better use of resources they've paid for and have the possibility of selling.

      and when something is bought and sold you never have to justify it. When there is a central planning agency that allocates these things, you have to convince (and continue to convince, as you do not own it) the committee that you deserve it. That your purposes are just and pure. For puppies, and kittens.

      Ownership doesn't vary with the fluttering of public mores. Or with backroom deals that give large corporations huge tracts for free (eminent domain abuse excepted...and look how big a deal that is compared to the HDTV band giveaway).

      As for the huge tracts of land that are owned and underdeveloped...if there are so many people willing to move to one of these places, I'm certain they can find someone who's willing to sell a portion for the right price.

      Okay, as for Clear Channel buying up even a large portion of the radio spectrum: if you auction it off, they never get the chance.

      Here's how it works: quite a few people, organizations, and businesses will be interested in the radio frequencies. Some frequencies more than others, and some companies more than others. If you were to set the price per area at a low static price, of course one company would buy it all up, if they could get their foot in the door first. And if you set it to a huge static price, only the large companies could afford it.

      But if instead you were to auction off all the bands, the price would be whatever people are willing to pay. Conservatively, the value of the radio waves is placed at around 1-2 trillion dollars. Clear Channel couldn't even get a loan for that amount.

      If you make sure there's no chicanery in the auctioning, the market will take care of the situation.

      And over time, as greater efficiencies in usage come along, it will become profitable to split the bands, sell off or sublet portions of them. When it's worth $1,000,000 to double the amount of usage in your spectrum, quite a few companies are willing to finance R&D.

      Just something to think about.

    83. Re:fcc is a necessary body by tfoss · · Score: 2, Interesting
      restating the opinions of a Mr. Alexis de Toqueville. de Toqueville argued that one of the inherent dangers of democracy was the tyranny of the majority. In short, that those who are in the majority can and will create laws which are designed not only to keep themselves in the majority but to oppress those that disagree with them.

      Yeah, add that to Ibsen's suggestion that the majority is always wrong, and things start looking pretty gloomy.

      -Ted

      --
      -=-=- Quantum physics - the dreams stuff are made of.
    84. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 2, Insightful

      "allows you to choose the content by pushing a button. It's my personal opinion that you have control of the TV, therefore you are responsible for what is on it"

      This cannot possibly work without the content being regulated. Why? Because if a naked man suddenly appears on screen, you have to see it before you can change the channel or turn away. Damage done. You cannot be responsible for that.

      "Perhaps channels should be in control of their own "moral code."

      I mostly agree with this. The problem you can't expect tpeople to become an expert on every channel. I have a simple suggestion that'll make your idea work, though. Digital tv is finally making this possible. Fire up your decoder box, and go through a check list of what's allowed and what isn't. If the video is encoded properly, you can watch any channel and have personally configured decency programmed into your tv. Neat, huh? When we get to that point, then I feel it's a good time for the gov't to pull out.

    85. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Consumers won't necessarily realize the interference problem until it's too late. Most consumers are not technically inclined, and don't know what interference is, or that certain devices may cause it.

      Furthermore, many corporations are sleazy and will do anything to make or save a buck. Simply put, you can't trust industry to do the right thing when doing the wrong thing can save them money. It's cheaper to produce a device that will interfere with others than one that won't. So companies will create noisy devices that cause problems for others.

      The FCC is not "controlling" anything. Take off your tinfoil hat and set away your delusions; this is not a George Orwell novel and you are not Ronald Reagan.

    86. Re:fcc is a necessary body by mog007 · · Score: 1

      Agreed. If this is really a "free country" then we should be able to listen to the radio or watch TV and hear a person saying fuck. If someone is offended by the word, too bad, they can change the channel. Leave it up to the stations to decide what to air, because they own the damned channel. Freedom of speech means just that, the freedom to express your views. Aparently the FCC forgot that when you say a bad word on radio you can't just turn the radio off, they assumed that the person would stupidly keep the radio on and keep being offended until they got so depressed they'd kill themselves.

      Let em monitor the air for radio signals from a bomb.

    87. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Because if a naked man suddenly appears on screen, you have to see it before you can change the channel or turn away. Damage done.

      Only if you buy that crap that seeing the human body is somehow "harmful". It's not.

    88. Re:fcc is a necessary body by MourningBlade · · Score: 1

      Sorry, I'm a bit confused by your statements. I cought the sarcasm bit, but I don't see why the elimination of regulation would cause all of these things.

      First off, huge amounts of radiation coming off of a consumer device like a microwave or phone is begging for a class action suit, in addition to criminal charges. We've been handling that sort of thing in non-electromagnetic forces for a long time.

      As for broadcasting "fuck" a whole bunch via a huge antenna...no problem, if you own the spectrum you're using. If not...well, try renovating a few other people's houses with a steamshovel and see what happens.

      As for the DRM issue, the issue at hand is fair use, which still has not been settled. If the restrictions are found to be in violation of fair use, or if we can pass laws clarifying what fair use should be, then those restrictions would be illegal. If they're not illegal, then what's the problem?

      Perhaps I don't understand the argument behind your statements. The few I can think of that sound good would be: large corporations would arrange the sale of the FCC spectra to their advantage, unequal enforcement of interference restrictions, and that the gov't would just hand over large areas of the spectrum and leave the small stuff for sale.

      Or is there a better argument?

    89. Re:fcc is a necessary body by Spy+Hunter · · Score: 4, Insightful
      That analogy to computer part compatibility is flawed because computer parts aren't a limited resource in the same way spectrum is. If I go out and buy a computer part that's incompatible with yours, it doesn't cause your part to stop working. With radio, things are different. Regulation of some sort is without a doubt necessary to ensure that the spectrum doesn't become hopelessly polluted with competing products and therefore useless.

      In an ideal world, the FCC would realize that 99% of current and future communications needs would be better served by a standard high-speed wireless IP network instead of the amazing mishmash of specialized protocol bands we have now. It would rearrange current spectrum allocation to phase out legacy systems and give almost all the useful communications bands to a new protocol (or small set of protocols) based around IP communication. This new wireless network would become part of the Internet. Efficient compressed digital data could replace jillions of old inefficient analog technologies (police radios, CB radios, AM/FM radio, TV, etc) and unify tons of existing digital standards (HDTV, CDMA/TDMA/GSM/3G cell phones, DirecTV/Dish network satellite TV, 802.11x, etc). With all of those bands available to it, the new IP network would have insane amounts of raw bandwidth to play with.

      Before this could become a reality, some work would have to be done to adapt the ideas of IP QoS and multicasting to the realities of radio transmission so that things like TV and radio could be done efficiently over a wireless IP network. I haven't been following developments in IP multicasting technologies; are they mature enough to be useful for things like TV?

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    90. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 1

      "Only if you buy that crap that seeing the human body is somehow "harmful". It's not."

      If that's true, then why are there indecency laws that nobody is complaining about?

    91. Re:fcc is a necessary body by IronChef · · Score: 1

      As a satellite TV customer, I say "screw the FCC."

      For example...

      Dish Network is being forced to make all local channels available to customers with 1 dish. In other words, all their customers will have to live with them juggling programming birds so that Podunk OK can get their local channels with maximum convenience.

      It is not legal for Dish to sell me a network feed from a distant market if I can get that network off the air where I live.

      Say I live somewhere with a CBS affiliate that does not broadcast in HD, but I want to see CSI in HD. Dish can't sell me CBS from NY or LA unless I get a waiver from the local CBS station saying it is OK. Which, in practice, they never give out.

      I know the FCC is just one cog in the machine, but what I am trying to get at is less regulation, please! Let people sell me the signals I want. If local businesses need the protection of law to stay in business -- they shouldn't be in business.

    92. Re:fcc is a necessary body by IronChef · · Score: 3, Insightful

      In short, that those who are in the majority can and will create laws which are designed not only to keep themselves in the majority but to oppress those that disagree with them.

      Huzzah. And on a side note, this is why we have the Electoral College. After the last election many said "it's gotta go!" But if you read about the system and really think about it, you will see that it is truly elegant.

    93. Re:fcc is a necessary body by samantha · · Score: 1

      a) Modern broadcast techniques exist that allow a nearly unlimited number of broadcasts simultaneously on the same spectrum. Interference issues are not what they used to be.

      b) "They knew the rules" is a friggin' lame excuse for bullying by a governmental body over things government has no business sticking its nose in.

    94. Re:fcc is a necessary body by Unknown+Poltroon · · Score: 3, Insightful

      "Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship."

      It isnt?
      60 years ago, people ould have been outraged about the decency of a white man dancing with a black woman on a public stage. Who decides whats decent?

      How much of the outcry now was about the fact that it was a white guy and a black woman? None? Wanna bet?

      --
      All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
    95. Re:fcc is a necessary body by MourningBlade · · Score: 2, Insightful

      Excellent post.

      Let me add that it isn't necessary for the government to own certain spectra besides that needed for military and civic use (police, fire department, etc). When you create a standard such as GSM, it is created by a consortium of companies who want to implement the standard. If they were to band together and purchase the bands needed, they could ensure interoperability.

      Further, when they license others to implement the standard (and all the patents, etc), they could inclue a license to broadcast in the spectrum. You can use your cell phone because the company you subscribe to owns a share in the spectrum that you're using. And anyone who interferes with the signal is liable to the owners.

      The same idea can be further applied to things such as amateur radio: get a group of interested people together and form a foundation with a charter. Get enough money together and have the foundation purchase a spectrum. The charter then would cover the functioning of the spectrum. Interference is still a no-no, while free and public usage is allowed.

      A good example of a similar structure is the Debian group (I know, cue jokes about how slow Debian is, but you haven't seen their legal group go after it).

    96. Re:fcc is a necessary body by Kindaian · · Score: 1

      Airwaves aren't property because they are regulated by international bodies and can leap thru countries.

      I would imagine a "war" on frequencies on the countries borders... fcc is required to make sure everything runs acording to the "book"... all other countries in the world have governamental bodies for the same effect.

      As for the "decency"... well... it was fcc... in the US, but in other countries would be other regulator... prolly not the "frequency/communications" regulator, but prolly the media/television regulators... Same thing happens all the time in Europe, the broadcasters are nailed (must broadcast the "decision" of the penalty in prime time, and can be fined).

      The major uproar was... that the event that is "a stone" in the article happened in the US... and people are... amazed?

      As for fines and the compensation of the "bad behavior", well it all turns around with the fine be too small for the
      As for fines and the compensation of the "bad behavior" and thrus it pays off to be "bad behaved"...

      On the other hand, US has some traditions on sky rocket the penalties for pety small stuff and exageration of proportions when in court room...

      Cheers

    97. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      "If that's true, then why are there indecency laws that nobody is complaining about?"

      Did you actually read the thread you just commented upon?

    98. Re:fcc is a necessary body by SimplyCosmic · · Score: 3, Interesting

      You said: "They're telling her 'Don't do it on broadcast television.' (Note: It'd be fine on cable tv.)"

      Just an honest question here, but why is cable acceptable and broadcast not? I know the obvious answer is that "anyone" can see it on broadcast, but that's not true, at least in the sense that "anyone" could see it as easily if they were flipping through the cable channels as they would through the regular broadcast channels.

      It's not like a television broadcast forces the images it caries straight into your brain, you still have to actively purchase a television, actively turn it on and actively turn it to the channel in question.

      So why is cable so radically different than broadcast television that you would allow something on one, but not the other?

    99. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Only if you buy that crap that seeing the human body is somehow "harmful". It's not.

      So this boils down to "everyone who disagrees with me is wrong." The truth is, there are people who believe this. You do not have absolute authority over them. And so you must compromise.

      (and I take it you've never accidently clicked on a goatse link...)

    100. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 2

      "It isnt?"

      For the last fucking time, NO. Heh.

      "60 years ago, people ould have been outraged about the decency of a white man dancing with a black woman on a public stage. Who decides whats decent?"

      You answered your own question. The people did. Look up Kirk and Uhura's kiss. They went down in history for that. ;)

      I find it interesting that TV has become more and more and more relaxed over the years, but Janet shows her tit and the government is suddenly a gawdaful dictatorship trying to brainwash the American public. Never mind that there was a time where you could not say pregnant on TV. Never mind that, more recently, the word shit was allowed. Never mind that we all were 'allowed' to see Dennis Franz's ass. Never mind that we can watch a documentary on breast surgery. No no no, the FCC said "no showin your boob on TV when there are kids watching". Bastards. How dare they come down on her even though the rules were clearly spelled out. The real conflict here is what the definition of decency is, even though it's far more quantifiable than everybody arguing with me here would like to believe.

      I don't mean to be nasty with you personally, but I'm getting really fucking tired of going over this over and over and over again with people arguing with me by trying to take the key word and defining it so broadly that nothing could ever be true. The problem here isn't that the FCC suddenly introduced a new rule and nailed Janet on it. The rule's been on the books since TV first aired. How can it really be called censorship when she has plenty of means to express herself, and the rules of where she CAN'T do it are so clear? Don't answer. I'm not going to read it. Just understand and make up your own mind. I don't care if you agree with me or not, just process it.

    101. Re:fcc is a necessary body by NanoGator · · Score: 3, Informative

      "Just an honest question here, but why is cable acceptable and broadcast not?"

      I think the basic difference is that you have to pay to have cable installed. If the content is objectionable, you can stop paying and halt the service. You can't hault broadcast TV.

      Hope that helps.

      --
      "Derp de derp."
    102. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 1

      "Did you actually read the thread you just commented upon?"

      Not much of a rebuttal. I take it you ran out of steam?

    103. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      I blame religion

    104. Re:fcc is a necessary body by corian · · Score: 1

      You do not have absolute authority over them. And so you must compromise.

      But there IS no authority in the non-censorship case. It's opening the freedom for people to watch or not watch whatever they want. Whereas for the censorship case, the rights of all people is being limited, whether they want those limits or not.

      The LOWEST common denomiter of legal restriction is the free-er, better one.

    105. Re:fcc is a necessary body by harley78 · · Score: 1

      ???? do you mean to make(produce)? Or do you mean to advertise on? Or are you being literal?

    106. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Your assertion that "nobody complains about indecency laws" is patently false, as you are right now participating in a discussion about them.

      Would you like to try again?

    107. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      I could record a tape of myself saying "fuck fuck fuck" for about ten minutes, loop, and broadcast to california. Okay, maybe not from my car, but if there's no regulation on the band, what's to stop me from building an antenna on my roof? I'd call it, the fuck channel. One word, all the time!

      Well, fuck! I'm sold.

      Can you have guest speakers too?

    108. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      "History has proven that the minority requires protecting from the majority. The "there's more of us so fuck you!" policy does not make for smooth operation."

      Yes and strong centralized government control, like in the soviet union, has proven to better protect individual rights over majority rights.

      stendec@gmail.com

    109. Re:fcc is a necessary body by brukman · · Score: 1
      I too think the people aught to decide. Maybe we could figure out a way to put the people in control, maybe a vote or something? Hmmm. . . That's it, we could vote on stuff. Each person would have an equal say in the decision making. I'll call it: democracy (and apply for a patent right away.)

      People might even prefer the one person one vote idea to the one dollar one vote idea! Of course, that's not really fair to the obscenely rich, poor souls, they.

      I'm not sure how bold a proposal this idea actually is. After all, trading frequencies on the marketplace isn't much different from the current system of trading FCC commisioners if you ask me.

    110. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      "The problem is not every person wants to make money off airwaves. Amateurs use it for fun, public services use it because they have to to be effective."

      Yes and the last time i checked it was the FCC who shut down amateurs (pirate radio)...the fcc is not the solution but the problem.

      stendec@gmail.com

    111. Re:fcc is a necessary body by pe1rxq · · Score: 1

      Thats the worst reason for censoring....

      Free speach should only be limited if it poses a real thread to the public.
      Things like child porn.
      If you argued that the goat.cx picture would in severe mental problems with those who saw it you might have a point.
      But simply cesnoring because the majority doesn't like it is completly wrong.

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    112. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Because having naked people everywhere might be annoying and disruptive, but not neccesarily 'harmful'.

    113. Re:fcc is a necessary body by pe1rxq · · Score: 1

      There are a lot of laws still around from times when it was normal to force the believes of the majority upon the rest.

      I personally would not have a problem if people were walking around naked.
      Just because it is not the way I would do things doesn't mean it should be banned. Maybe it is time people accepted that sometimes you are going to see or hear things you don't like and that they just have to deal with it.

      Basicly the only rules you need are those that ensure that a society runs well: e.g
      - killing is bad
      - stealing is bad
      - free speach is good
      - x isn't allowed because it is dangerous to you or the public

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    114. Re:fcc is a necessary body by brukman · · Score: 1
      The FCC was not created to decide when and how "free speech" can be exercised.

      Right, that's the job of advertisers.

      The FCC rarely interferes with content. Advertisers often do. A lot of posts are under the misconception that broadcast media consumers are media customers. Consumers are the product. The prized product is young affluent people who buy lots of stuff. Our eyeballs are sold to the highest bidder and content is tailored to attract particular demographics. If you want to know how you are marketed, watch the ads rather than flip the channel.

      Of course, you gotta sell Mountain Dew so pro wrestling is safe, but generally, programming will follow the money. How many 24 hour financial cable networks are there?

    115. Re:fcc is a necessary body by mpe · · Score: 1

      Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

      It says quite a bit about a society that there is more concern about the possibility of children seeing a couple of seconds of some celebrity's bare breast than of watching a "sport" where the players have to wear body armour to reduce the risk of being carted away in an ambulance or hearse...

    116. Re:fcc is a necessary body by TiggsPanther · · Score: 1
      Children need to be protected from [...] exploitation but not from sex.

      And this is what gets right to the heart of the matter. Certainly in the US and UK there seems to be an opinion that a blanket-ban on any content remotely sexual if "in the best interests of protecting the children".

      Now if there was a (slightly) more relaxed attitute to the human body, and (contextual or not) nudity wasn't such a broadcasting no-no, then people wouldn't be as shocked by the mere sight of a female breast.
      And if it wasn't considered so shocking, the whole Superbowl incident may well not have occured. (Remove some of the taboo over nudity and the "Sex Sells" concept is reduced)

      Nudity and sexuality only seem dirty because we're made to feel that they are. If broadcasting could more freely (and, importantly, responsibly) air these themes without fear of automatic reprisal then people wouldn't feel as compelled to use them for shock-value.
      Keep the idea of responsibility there. Plus complaints should be investigated thoroughly (by whoever does it), not merely upheld as a knee-jerk reaction. 'Cos knee-jerk reactions like that to the Superbowl incident actually have the opposite reaction to what is needed. Personally I think that the boob-stunt was ill-thought and probably inappropriate. However, the reaction to it was far too extreme. They were treating it as if it was obscene or evil, when it was merely stupid.

      Of course, some things will always shock. But there is (or should be) a huge difference between Miss Jackson's boob and Mr Goatse's backside.
      The human body (male or female) should be treated (and referred to) as something important. Treating it as something inherantly offensive is just sending out the wrong signals.

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
    117. Re:fcc is a necessary body by mpe · · Score: 1

      Decency is not a measurable thing, but a concept. It is a judgement that is entirely qualitative in nature. What, objectively, is indecent about Janet Jackson's breast? Is it more or less indecent than showing the towers in New York falling live on CNN?

      Many news channels repeatedly showed footable of this happening.

      Is it more or less indecent than the opening scene of Saving Private Ryan? Is it more or less indecent than simulated rape on a TV drama?

      How about an interview with a politican who is blatently lying through his or her teeth. Without the interviewer being especially hard on them?

    118. Re:fcc is a necessary body by sploxx · · Score: 1

      Here in germany, the FCC's equivalent is the 'RegTP' (Regulierungsbehörde für Telekommunikation und Post). It does regulate communications. Not much more, not much less.

      In my eyes and as one can read from the other posts, you US citizens are fed up with the FCC because it does so much beside regulating the EM spectrum. Because it enforces moral standards and other things which have nothing to do with that.

      Of course, all these regulatory bodies are still heavily influenced by big money. The FCC/RegTP/ITU is more in favour of the Mobile phone providers than the small guy's WiFi every time.

    119. Re:fcc is a necessary body by Openstandards.net · · Score: 1
      Further the writer's theory of owning spectrum is even sillier than the current system. As an amateur radio operater some times I'm a primary and other times a secondary user of spectrum. Primary means that I must not be interfered with a nd secondary means I better not interfer. The lack of spectrum would only be in crease if sharing was halted.

      How about moving your broadcasting to the Internet?

      I personally don't care how bandwidth, migration to IPv6, and accessibility issues are addressed, so long as they are resolved. Do you really care if the FCC or a highly competitive ISP infrastructure guided by open standards bodies which only partly covered wireless data communications was responsible for giving you 1.5 MB/s bandwidth everywhere you went for $30/month?

      We need to start with a clean slate and open mind, and objectively consider all options. Nevertheless, I'm willing to bet the economists will support a highly competitive market with limitted subsidies for rural communications.

    120. Re:fcc is a necessary body by Mr.+Hankey · · Score: 1

      That's an interesting thought, but I can imagine the sort of disasters that could occur if a router broke down or a fiber line was cut. Although it may not always be the most efficient use, there is something to be gained by not putting all your eggs in one basket. I'd rather e.g. police and ambulance radios used simpler, more reliable technologies.

      That being said, a lot of what's currently there could indeed be replaced easily by IP services. When the bandwidth is there and it's profitable enough, they will eventually start creeping into the marketplace. Commercial IP telephone service for instance is already here. Internet "radio stations" have been around for a while, and as streaming technology improves it may end up overtaking FM.

      --
      GPL: Free as in will
    121. Re:fcc is a necessary body by pommiekiwifruit · · Score: 1
      Next thing you know we'll be modding Thomas Jefferson and John Locke down for "All men are created equal."

      Is that Thomas Jefferson the slave owner? :-) I can't remember him letting women vote either...

      Manumission is not just a club in Ibiza.

    122. Re:fcc is a necessary body by anethema · · Score: 2, Informative

      Come ON you have to be kidding.

      You ignored the whole damn point.

      The link budget on DBS is fucking tiny. 1-2 db less and BAM, no more signal. That means 1 loser, on his modded radio, anywhere within a few miles, and every dbs user in that range has no more tv. This is illegal thanks to the FCC

      Ham radio people have certain bands and they help with emergencies all the time. But what? no FCC to protect the bandwidth space? no more ham radio, lives lost.

      All those kids with their nice rc cars..no more fcc, no more RC cars because no one will protect that bandwidth.

      Your kids missing in the forest?..luckily they have a FRS radio! oh wait..the fcc was protecting that bandwidth..now all you hear is some guy broadcasting his favorite mp3s. Too bad about your kids tho, at least you have some music. (more likely just static)

      Someone to regulate bandwidth is 100% NECCESARY.

      Some of the other stuff can be taken out of the hands of the FCC maybe, but not this.

      --


      It's easier to fight for one's principles than to live up to them.
    123. Re:fcc is a necessary body by senatorpjt · · Score: 1

      I disliked it quite a bit. It was like a meat pancake taped to a corset.

      I've seen better tits in National Geographic.

    124. Re:fcc is a necessary body by senatorpjt · · Score: 1

      Because cable isn't an over-the-air broadcast and is thus not subject to FCC indecency law.

    125. Re:fcc is a necessary body by Anonymous Coward · · Score: 1, Insightful

      underwear tents != damage

      These are just ideas that you are throwing out. Underwear tents are bad, boobs in all contexts cause immediate sexual desire, nobody should see boobs.

      Challenging these ideas by SHOWING a boob and SHOWING that it doesnt cause little Billy to explode is exactly the point of freedom of expression.

    126. Re:fcc is a necessary body by Openstandards.net · · Score: 1
      I agree with both you and Mr Hankey. I believe this is happening, but could happen a lot faster if we made it a major national infrastructure issue the way the highway system became essential in the 60s.

      I can also see how privatization coupled with subsidies to fill the gaps can enable it, if done the right way and guided by good laws fostering high competition. Despite people's concerns about companies self-regulating, they already do to a large extent though open standards bodies. 802.11 and most protocols are open standards, not creations of the FCC. It's in their self-interest to produce equipment that complies with standards, and it's in their interest to create standards that do not interfere with each other.

      It's unrealistic to abolish the FCC, but I believe their role can change, and often reduced. Technology and open standards, when given the chance, can work out a lot of issues.

    127. Re:fcc is a necessary body by Zapdos · · Score: 1

      People are too lazy for your method to work.

      I can imagine the signal jammer I will have if there is no FCC to tell me it is illegal. I will no longer have to listen to anyone else's radio anywhere I go.

    128. Re:fcc is a necessary body by The+Dark+P · · Score: 1

      Woah My God!!! A partially obscured nipple, what are we going to do! Think of the Children!!

      Because no one has ever seen one of those before.
      Have you not noticed that every single mammal on this planet has nipples, all of them (except platypusses). Including all of the people who complained about Janet's.
      People's reaction to a body part that they all have tells you a lot about the society in which you live.

    129. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      You said it!

      And the only way to correct this is to vote. Laws like "The Patriot Act" and the "Defense of Marrage" and "Energy Deregulation" are, in fact, regulations that are designed to control the everyday aspects of our lives.

      In fact, almost ALL "deregulation" laws are put in place simply to shift power to large corporate entities - it isn't as if "control" is decreasing, it's just being shifted to an even harder-to-correct target. Oh, and THEN congress passes laws so you can't sue those corporate entities if your rights are stomped on! Fuckin' crazy.

      So please vote, and protect your rights!

    130. Re:fcc is a necessary body by Trent05 · · Score: 1

      Quick, someone post a goatse link!!!!!!

      --


      --
      The Marines: The few, the proud, the not very bright. - Slashdot tagline 04/21/05
    131. Re:fcc is a necessary body by Tin+Foil+Hat · · Score: 3, Interesting

      The answer has to do with ownership. The airwaves are a public resource, and as such, may be regulated by the government. Cable networks are not public resources (though one might argue that they should be, much like phone lines) but are owned by the company that operates the network. That means that the government has less recourse to make decisions governing their content because the government generally cannot regulate private resources the same way it does public resources.

      At least, that's the way it was explained to me.

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
    132. Re:fcc is a necessary body by div_2n · · Score: 1

      Forget the free speech issue for just a moment and take a pause to thank the FCC that they put limits on output power of equipment. Just a little for example--2.4ghz (cordless phones, 802.11b/g) is in the natural resonance frequency of water (think microwave ovens). The FCC is the only thing that has prevented some monkey from making a 500 watt amp and shoving it into a high gain antenna next door to you. The results of that would be disastrous and probably kill you and your family in a few short days or weeks (maybe hours).

      They are also the reason many people can get more than one DSL provider. I can tell you that without FCC regulations, there would be no such thing as competition in Bellsouth's territory. There hardly is now.

      I agree that there are many aspects about the FCC that just plain suck. The answer might be to strip them of the frequency allocation rights. They SHOULD still be responsible for setting such things as output power limits and forced competition on the wired infastructure. That or create a new body for that task.

    133. Re:fcc is a necessary body by Roofus · · Score: 1

      I don't disagree that the FCC does have a purpose, but let me ask you two things:

      1) How many Low Power FM stations exist in your area? I have yet to see (hear) one in mine.

      2) Do you think the FCC should be regulating content?

      I think the FCC has overstepped its bounds, and needs to be pulled back.

    134. Re:fcc is a necessary body by Tin+Foil+Hat · · Score: 1

      Dude, your sarcasm is showing. You might want to fix that ;)

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
    135. Re:fcc is a necessary body by slackerboy · · Score: 1

      If this tiny smidgen of what the FCC does is so important, Congress can always pass laws mimicking the current FCC regulations that prohibit devices from outputting enough power to interfere with other devices.

      And who, exactly, would implement and enforce these laws? You would need a regulatory agency similar in nature to...Well, the FCC!

      --
      Things to do today: See list of things to do yesterday
    136. Re:fcc is a necessary body by Tin+Foil+Hat · · Score: 1

      Bang, bang, Maxwell's silver hammer
      came down on his head.
      Bang, bang, Maxwell's silver hammer
      made sure that he was dead!

      I called my radio station to ask them to play that, but they said the radio spectrum dissappeared. Something about lack of regulation. I wasn't really paying attention.

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
    137. Re:fcc is a necessary body by honkycat · · Score: 2, Funny

      funny? wtf?? This should be modded +5 Insightful.

    138. Re:fcc is a necessary body by EvilAlien · · Score: 1

      I agree with you. That is the point I'm making, that the FCC has an important role. The other side of the point is that they are doing things that they shouldn't have in the mandate, like controlling speech. They should regulate how technology is used to enable speech, but not the content itself.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    139. Re:fcc is a necessary body by TheRealFixer · · Score: 1

      The FCC is the only thing that has prevented some monkey from making a 500 watt amp and shoving it into a high gain antenna next door to you. The results of that would be disastrous and probably kill you and your family in a few short days or weeks (maybe hours).

      Um, what exactly is stopping him now?

    140. Re:fcc is a necessary body by CrimsonAvenger · · Score: 4, Interesting

      Basicly the only rules you need are those that ensure that a society runs well: e.g - killing is bad - stealing is bad - free speach is good - x isn't allowed because it is dangerous to you or the public

      A society that "runs well" requires both more and less than you might expect.

      "Killing is bad" isn't required, for instance. Most historical societies had rules about who you could kill, and when, without societal sanctions. But very few took the stance that "killing is bad". I note that a Code Duello existed in many (if not most) societies up to the 19th century. Killing was allowed, and even encouraged, in some specific conditions. The societies didn't especially suffer from this lack of "killing is bad".

      Likewise for stealing. Some societies forbid it (USA, as an example), some allow it under certain conditions (England in the 1500's, as regards Spanish property), some encourage it (most Plains Indian cultures respected horse-thieves). Whether the society ran well was irrelevant to its stand on "stealing is bad".

      That said, societial rules, in general, reduce to

      (1)who you can kill, and when,

      (2)who you can screw, and when,

      (3)what you can own, and under what circumstances,

      (4)what you can say, and to whom,

      (5)who you can turn to for redress of grievance in case any of the above are violated by anyone. (some societies require you to turn to the government, at one level or another for redress, some allow you to seek redress personally)

      Note that case (3) actually creates the largest part of "law" in almost all societies. The rest of it, no matter the specific implementation, is really quite straightforward.

      Note also that a society can "run well" with almost any answer to those five cases, if the people of the society accept the "rules" (~90% acceptance is typical in a stable society).

      Issues come up when there are divisions within a society where a very large minority cannot, in good conscience, accept one or more rules. An example - slavery in the nineteenth century USA. ~2/3 of the population did not support it, ~1/3 did. Both sides considered their positions to be a matter of "rights". Result - Lincoln's election, secession, War Between the States (I refuse to call it the Civil War - there was nothing "civil" about it).

      Note that up till the nineteenth century, slavery was legal, if not common, in virtually all societies. There were, in almost all societies, minor elements who considered slavery "evil/wrong/sinful" (pick one), but not so many as to force the issue into contention.

      Since then, slavery has been illegal in almost all societies. There are minor elements who consider slavery "good" (or at least acceptable), but not enough to force the issue into contention.

      And, finally "x isn't allowed because it is dangerous to you or the public" is probably a far broader concept than you thought when you proposed it. It includes such things as smoking (dangerous to the smoker, at least), fast food (dangerous to the fat slob who overindulges, though that is true of any food), lack of exercise (dangerous, I expect, to most of /.). Did you really think that the "basic rules for society" should allow the government to regulate the amount/kind of food/exercise you must get?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    141. Re:fcc is a necessary body by EvilAlien · · Score: 1
      " Because if a naked man suddenly appears on screen, you have to see it before you can change the channel or turn away. Damage done. You cannot be responsible for that."

      What, exactly, is the damage to which you refer? Somebody stupid enough to offend the majority with their commercial, TV show, etc, isn't going to be very successful at selling their product or building a viewer base. Why can't people be allowed to choose and let natural market forces determine content?

      And let me ask you this... who the hell are you to determine what is or is not damaging? Who the hell is the FCC Chairman to do that? Not only are they controller speech (I am not arguing that Janet's stageshow was quality speech, performance, or even quality nudity ;)), but they are controlling what the public can see.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    142. Re:fcc is a necessary body by CrimsonAvenger · · Score: 1

      Free speach should only be limited if it poses a real thread to the public. Things like child porn. If you argued that the goat.cx picture would in severe mental problems with those who saw it you might have a point. But simply cesnoring because the majority doesn't like it is completly wrong.

      Alright, I'll bite. How is "child porn" a "real threat to the public"?

      And how is censoring "child porn" not a case of "censoring because the majority doesn't like it"?

      The old "consent" arguments don't really hold water here - you can't prove that the people involved are not consenting.

      It could be argued that a child is incapable of "consent", but "age of consent" is a government-imposed idea.

      The argument that "child porn" leads to assaults on children is no more realistic than the argument that "porn" (in general) leads to assaults on women.

      So, how is it a real threat to the public?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    143. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Yes it can be at fault since it is the government organization that implemented it. Socondly, the RIAA and MPAA should be banned from speaking to Congress or any regulatory official concerning issues of fair use and copyright.

    144. Re:fcc is a necessary body by CrimsonAvenger · · Score: 1

      2) entertainment broadcasts,

      Actually, that wasn't one of the original uses. When "broadcast" was first conceived, it was discounted, since the only use that could be foreseen was to broadcast Sunday sermons. It was felt that there was not sufficient audience to make broadcast worthwhile.

      Later, some bright boy decided to start doing sports coverage...that's when it really took off....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    145. Re:fcc is a necessary body by Profane+MuthaFucka · · Score: 1

      Yes, that's right. I also forgot that radio was classified right off the bat by the Navy. So entertainment was just a bit later than the other uses.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    146. Re:fcc is a necessary body by CorwinOfAmber · · Score: 1
      So why is cable so radically different than broadcast television that you would allow something on one, but not the other?

      As others have said, the FCC only regulates broadcast, not cable. The interesting thing to note about this is that cable networks can, from a legal standpoint, show pretty much whatever they want. This includes the non-subscription cable networks like MTV, USA, SciFi, etc. Like broadcast, though, non-subscription cable networks rely on advertising for revenue, so they have to keep their sponsors happy. The reason you don't (often) see nudity on MTV or USA is not because of government regulation, but because the networks don't want to risk offending their advertisers and losing revenue. Premium networks like HBO or Showtime get all their revenue from subscriptions, and so don't have to worry about offending an advertiser.

      That's also why South Park, for instance, can get away with some of the things they do. It's not the FCC they need to worry about, but the advertisers.

      --
      My future's determined by Thieves, thugs, and vermin -- The Offspring
    147. Re:fcc is a necessary body by chaoticset · · Score: 1
      Problems such as the broadcast flag are more a fault of intense lobbying from the MPAA and very little opposition because people either don't understand or don't care. The fcc cannot be faulted for blunders to fair use.
      Look, the problem isn't that there's an easily manipulated pile of politicians running the airwaves -- it's that evil corporation over there!

      "People" don't care because, much like a presidential election, they don't have enough money to affect the outcome. I don't care either -- I don't have the clout to fight the FCC, and despite your ever-present faith in Democracy And Government, there's simply a lot of people in America who are convinced that they pay taxes to keep the government off their backs, not because they get a say in anything. I have a hard time thinking otherwise myself.

      The only reason the evil corporation has this kind of leverage is the pile of easily manipulated politicians. The solution is to remove the easily manipulated from power, and remove the levereage thereby.

      --

      -----------------------
      You are what you think.
    148. Re:fcc is a necessary body by theghost · · Score: 1

      I don't know about yours, but my tv has several buttons that halt the broadcast service - input source, channel select, and if all else fails - power.

      If i find the content of a broadcast tv program to be objectionable, i can watch a tape or dvd, change the channel, or turn the damn thing off. I don't need the FCC to do it for me.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    149. Re:fcc is a necessary body by Colonel+Cholling · · Score: 1

      KarmaMB84 (and what the hell kind of a username is that?) is simply restating the opinions of a Mr. Alexis de Toqueville.

      Well, then he should be modded down. We don't need some Microsoft-funded toady telling us Linux is stolen. Wait, why is everybody laughing at me?

      --

      I am Sartre of the Borg. Existence is futile.
    150. Re:fcc is a necessary body by theghost · · Score: 1

      Elegant my ass - it's a junky hack that should be replaced with a system of real elegance. The electoral college exists because the technological problems of the time prevented the timely and accurate counting of every vote. We may not have improved on the accuracy (cough-Florida-cough) but we can certainly do it in a timely manner now.

      What we need is a truly elegant system - instant runoff voting.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    151. Re:fcc is a necessary body by billtom · · Score: 1

      This objection (concerns about the end of "public" frequencies) could be handled by having the government own some frequency bands. The analogy is to government parks. The government buys up some land, makes it a park, and sets down rule by which the public can use the parkland. Similarly, before the abolishment of the FCC (as it is now) the public frequencies could be placed under the control of the new National Frequency Service which manages the public frequencies.

    152. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      What, objectively, is indecent about Janet Jackson's breast?

      it because she looks like her brother and brings horrific images to everyone....

      Oh man I need to gouge out my eyes now...

    153. Re:fcc is a necessary body by Anonymous Coward · · Score: 0
      Without the FCC, there's nothing stopping me from buying a 80 megawatt radio and television transmitter, and broadcasting porn on every channel.

      I think you will have problems finding an 80 megawatt transmitter, but apart from that little difficulty this sounds a good idea. Let's go for it!

    154. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      Amen.

      Can anyone exactly explain why this is bad for children? Seriously, this is not a troll; what negative impact does the viewing of a naked human body have to children?

      I mean, it seems that there isn't nearly as much of a concern when it comes to violence, but the faintest suggestion of nudity and the whole country is up in arms.

      Yet, in countries where there's plenty of nudity on TV there don't appear to be any problems.

      The only problem I have with JJ's performance is that it was a cheap attempt of getting attention. But JC, to start about the children...

    155. Re:fcc is a necessary body by tmortn · · Score: 1

      Why is the FCC the only recourse for regulatory control ? If bandwidth is sold then some can be kept back for common use. Preservation of satelite bands, Ham radio, general purpose bands ( remotes, r/c, walkie talkies ). If needed some could be bought back same as is done for right of ways for roads.

      Congress can pass law and the courts can hear disputes on a case by case basis instead of congress delegating regulation to the FCC. An overseeing regulatory beauracracy was needed when the market was unable of regulating itself with the help of the courts. Now its highly possible the regulatory function of the FCC could largely be taken over by a congressional committee with communications as its purview. There is deffinatly an argument that today the market can and would regulate itself better than the FCC.

      See cliche regarding mehtods, skin, cats, multiple.

      --
      I don't ask you to be me. I only ask you not expect me to be you.
    156. Re:fcc is a necessary body by Mazzie · · Score: 1

      Our federal government wastes entirely too much money trying to police morality which is out of bounds of the Constitution.

      The Constitution leaves the policing of morality up to the state governments.

      I get so pissed off when the federal goverment gets involved in questions of decency, because it is not their job, and shouldn't be.

      --
      Having a bookmark to Google does not make you an expert on everything.
    157. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      The best way of following this argument is to look at Italy. It had historically avoided regulation, but more recently adopted regulation of communications.

      Italy managed to provide some interesting telecommunications innovations, but the bulk of the innovation appeared in more regulated countries. Businesses are not keen about sinking budget into product development that can be legally jammed into uselessness (even if by accident). That ignores the scneario in which competing factions jam rival signals (effectively censorship) devolving into a scenario in which most signals are blocked.

      Without regulation of airwaves, the growth of tlephone and television would have been very different in America. We would probably not have a 911 service today. We would have no telephone service available in rural areas. Broadcast television would be limited to metrpolitan regions. Giving the industry the benefit of the doubt, they would by this time establish a truce in their operating regions. Frequent interference would still occur, however. The idea of a nationwide broadcast would be seen as a major technical hurdle, though the issues ofbandwdth allocation would proably be solved for major locations, such as the White House and football stadiums.

      Much of these scenarios expect that a businessman has the vision to see the possibility and take such a large risk. One risk is that a good service my be jammed legally.

      Additionally, the air waves do belong collectiely to people. Trashing the FCC today means that the airwaves will effectively belong to the etrenched companies (who would have major economic incentive to quash newcomers). There is no viable business case to enter such a market.

      Once that happens, true company towns may exist. That is regions in which the only media provided to residents in a large area passes through a single etitity which censors the news. Imagine living in a place where there can never be negative news about Microsoft (MSNBC).

    158. Re:fcc is a necessary body by rspress · · Score: 1

      Modern broadcast techniques may be all that but most devices that put out an RF signal don't make use of those, they could but they don't, so it already shows that without guidance it would not work. You might not like losing your wireless connection whenever someone used a garage door opener. You might not like the fire department never arriving at your house because they never received a signal due to radio interference.

      Well, what can I say, they DID know they rules before doing what they did. If you kill someone you can expect something bad to happen to you...unless you are O.J. I agree that the government should take a backseat when it comes to broadcasting. I also believe people should be responsible for their actions. Seems like that people have problems dealing with both of those.

    159. Re:fcc is a necessary body by pe1rxq · · Score: 1

      'age of consent' is indeed a government imposed idea in the way that there isn't some magic moment in a persons live... But it can be proven that children (without setting an exact age border) can be influenced far more than adults. (the fact that some adults stay this way is an indication that the real age of consent may never come).
      It can also be proven that being forced into consent can lead to severe trauma on a later age.

      jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    160. Re:fcc is a necessary body by back_pages · · Score: 1
      You got that right. I'm quite convinced that "the electoral college is bad" is equivalent to saying "I nearly flunked out of calculus and got a liberal arts degree".

      Without an electoral college, close to half the states (and their political interests) would be irrelavent to a presidential election. You would never see a candidate campaign in Vermont, Conneticut, Wyoming, North or South Dakota, Rhode Island, Montana, Maine, New Hampshire, Delaware, or a number of other low population states. The right to elect the president would be given basically in its entirety to California, New York, Michigan, Texas, Florida, Illinois, and Georgia. If you don't live in those states and you support dismantling the electoral college, you are either very bad at math or you are supporting an idea that destroys your vote's influence in federal politics.

      Churchill said that the best argument against democracy is a five minute conversation with the average voter; the electoral college dialogue is an attempt by many people to mute their own voices in federal politics. What can I say? Churchill was right.

      ..And I'm not some Bush apologist for the 2000 election debacle. I just happen to be better than average at math and understand the function of the electoral college.

    161. Re:fcc is a necessary body by FictionPimp · · Score: 1

      "here ya go hunny, now watch the large men grab each other's ass's and beat each other to a pulp....

      OMG a nipple, run!!!!!!"

      I love this country.

    162. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      "I never expressed desire to stifle free speech. She wasn't even making a statement with her breasts. Slightly different from what happend ith Ms. Godiva."

      How about this for a statement:

      Hey check out my boob.

      Just a thought.

      On a side note, did you ever notice god hates the human body? Thats the only reason I can come up with that people are so offended by it.

    163. Re:fcc is a necessary body by slipstick · · Score: 1

      The RF spectrum that the radios can pick up from a given distance from your transmitter is the relevant quantity.

      Transmitting from Manhattan isn't going to get to somebody in Fargo,ND, or at least not without a powerful transmitter.

      By selling both the spectrum and the allowed wattage you now effectively have a 2-D resource. Both land usage & RF spectrum usage can also be parametized by time(rentals for instance). So land use is 4-D(although limited in height by bylaws usually) and the RF spectrum is 3-D.

      My point being however, that there is no fundamental reason to treat the RF spectrum different than land use on earth. Both are limited resources, nobody has a problem with the concept that some corporation might control all the land why do we consider this a viable reality for the spectrum?

      Note that I'm not saying that it is a good idea to sell off the spectrum totally unregulated. But we regulate land usage all the time. Making it more similar to land use may not hurt. It is a different scenario than what we currently have, neither necessarily better nor worse but certainly different.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    164. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      "I really don't care if it makes for a smooth operation or not."

      And that, I think, was the point of the statement about the need for protecting minorities against a majority.

    165. Re:fcc is a necessary body by CommieLib · · Score: 1

      The mystery will be solved for you in a few years when your child is being prematurely sexualized by our culture.

      It is a mystery to me how a parent could be so obtuse as to not see this coming.

      --
      If your bitterest enemies are people who hack the heads off civilians, then I would say you're doing something right.
    166. Re:fcc is a necessary body by CrimsonAvenger · · Score: 1

      And you prove that someone has been "forced into consent" how?

      It is likely that some people are incapable of "consent". It is by no means certain that it can be demonstrated that a line can be drawn based on age (or any other single characteristic) where "consent" is possible on one side, and "inability to give consent" is required on the other.

      "Child porn" presumes that such a line can be drawn. To go further, "child porn" assumes that if someone appears to be under the "age of consent", then that person cannot take part in production of pornography (as an actor - presumably there would be no problem if he/she wished to direct or produce).

      As to "proving" that children "can be influenced far more than adults" without setting an exact age border - ANYTHING can be proven by a careful selection of data. The setting of a precise age border (or the appearance of someone above/below that border) is the premise for the concept of "child porn".

      Interestingly enough, the assumption is that porn involving people below the age of consent (without regard to appearances) is "child porn", AND that porn involving people above the age of consent, but appearing to be below the age of consent is "child porn".

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    167. Re:fcc is a necessary body by lostguy · · Score: 1
      Crackhead.

      In re "2.4ghz (cordless phones, 802.11b/g) is in the natural resonance frequency of water (think microwave ovens)". This is a common and oft-repeated idiocy. From http://howthingswork.virginia.edu/microwave_ovens. html, because I'm too lazy to write this myself:

      November 2, 1999

      My science book said that a microwave oven uses a laser resonating at the natural frequency of water. Does such a laser exist or was that a major typo?

      It's a common misconception that the microwaves in a microwave oven excite a natural resonance in water. The frequency of a microwave oven is well below any natural resonance in an isolated water molecule, and in liquid water those resonances are so smeared out that they're barely noticeable anyway. It's kind of like playing a violin under water--the strings won't emit well-defined tones in water because the water impedes their vibrations. Similarly, water molecules don't emit (or absorb) well-defined tones in liquid water because their clinging neighbors impede their vibrations.

      Instead of trying to interact through a natural resonance in water, a microwave oven just exposes the water molecules to the intense electromagnetic fields in strong, non-resonant microwaves. The frequency used in microwave ovens (2,450,000,000 cycles per second or 2.45 GHz) is a sensible but not unique choice. Waves of that frequency penetrate well into foods of reasonable size so that the heating is relatively uniform throughout the foods. Since leakage from these ovens makes the radio spectrum near 2.45 GHz unusable for communications, the frequency was chosen in part because it would not interfere with existing communication systems.
    168. Re:fcc is a necessary body by earlgreen · · Score: 1

      The mystery will be solved for you in a few years when your child is being prematurely sexualized by our culture

      He he, some of the stuff she gets for clothing, I'd say she's already being prematurely sexualized...

      But look for a minute at most of the other cultures on the planet: Showing breasts does not (a) cause wide-spread "underwear tents" (I guess this is a good indicator of the permanently adolescent state of american sexuality), or (b) lead to premature sexualization.

      America has a bizarrely repressive sex-crazed culture, but it has nothing to do with seeing breasts on billboards, TV, beaches, or elsewhere, as you might know is fairly common in much of Europe. The rest of the western world moved past the Victorian era but sexually we somehow got stuck there (maybe because it's so much more fun that way?)

    169. Re:fcc is a necessary body by slipstick · · Score: 1

      We parcel out "public" land areas all the time. Setting aside certain frequencies for military, emergency civilian, "high" risk civilian(airlines), and just "park" use, can be done.

      By the way, you never heard of a toll road?

      The usable spectrum can be parceled out in both frequency and wattage(limiting the trasmission distance). Meaning if you can't get spectrum in NYC you can "still go somewhere else". But even if governments we're stupid enough to sell off a given frequency for usage everywhere, you can bet that the person owning it initially would certainly parcel it out that way.

      The possibilities of the scenario are endless, be creative with the analogy and I think you'll see it's not all that far fetched. I can't say positively that it would be better than the current methods of regulation but it certainly would be different.

      Consider for instance if RF "trespassing" was defined something like "usage of another person's RF spectrum in a manner that interfered with that usage"(not saying it would be but hey I'm just making this up right?). Bluetooth is defined so that it interferes as little as possible with other RF sources, eg. it is low power. WiFi is in a part of the spectrum made "public" by the FCC(at least that's my understanding), it could still be so in a "sell off" scenario, just like we have park land set aside for public use but we sell off all nonpublic land.

      Most people seem to take "different" to mean bad, especially when it involves an idea that's been around for more than a few years. I'm not sure why this is the case. Different is just that, "not the same", we can imagine outcomes and scenarios but until it's tried it just remains "different". Furthermore, surely you don't believe the FCC will remain an institution forever do you?(by the way, I'm in Canada our equivalent is the CRTC).

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    170. Re:fcc is a necessary body by Unknown+Poltroon · · Score: 1

      " How dare they come down on her even though the rules were clearly spelled out."

      So let em get this straight, government rules on what is allowed on tv isnt censorship? If it were NBC or the superbowl firing her, id be behind it 100%. Fine, whatever. Youre right, she shouldnt be flashing her tit on tv.(Cause it should be illegal to let anyone under the age of 18 anywhere near a tit.) However, i cant find another acceptable word than censhorship for the government telling me what im allowed to watch on tv.

      --
      All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
    171. Re:fcc is a necessary body by pe1rxq · · Score: 1

      I never said I agree with the popular criteria of child porn. I agree that just looking like a child doesn't make it child porn. The definition varies a lot between people (e.g. animated child porn).

      As for 'anything can be proven by careful selection of data'.... ofcourse bad science is a posibility.
      If you are paranoid enough all science is corrupt.
      At a certain point you have to trust others to do research for you. If this is done open enough and criticism is possible a society can accept it as the best approximation of the truth and act according to it...
      The perfect ruleset doesn't exist yet, but we are capable of learning and might arrive at it sometime in the future.

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    172. Re:fcc is a necessary body by j-turkey · · Score: 1

      Couple of issues:

      First: Censorship.
      There is absolutely NO NEED for the FCC to be arbitrarily doling out penalties for fractures of undefined decency rules on TV. We've all been forced to buy a V-chip for our TV's for a number of years now. All new TV's have this technology. Now, instead of telling people what they can and can't say on TV, enforce the rating system. Do the 7 dirty words, violence, or nudity warrant an "mature" rating? Give it a mature rating. If a broadcaster doesn't properly rate their content -- fine based on that.

      Oh, you say that the market will decide that it only wants adult programming and the airwaves are public -- for everyone to use? Fine -- I'm willing to take on a few more rules to share bandwidth with the lowest-common-denominator. Set up another system that determines that in any given market at any given time, there must be a full spectrum of content -- so that mature and general-audience programs can be shown on broadcast TV.

      As far as radio goes, why can't we implement a radio v-chip? Surely, there aren't any technical limitations preventing us from doing this. I'd pay the extra $6 for the technology. Add a v-chip to all radios and again, enforce the rating not the content.

      With this solution, I can already feel the flames from the naysayers. They're unwilling to compromise -- and it has nothing to do with protecting the children (although they'll cite this in their rationalle). They want to control what we say, hear, and see. This goes down a road very similar to that of the war on drugs. It cites a desire to protect us (and our children) from ourselves -- in reality, it is a thinly veiled attempt at controlling our minds. it sounds like a big stretch, but I'll elaborate a little -- the drug is, in part, mind control, since it's a war on "mind altering drugs" -- others would call the limited use of these drugs as consciousness exploration (such as the case in 60's and 70's literature in the explosion of experimentation with hallucinogenic drugs). The Nixon administration wanted a way to put away the public who opposed him. He couldn't put them away for protesting, so instead he declared war on the thing that his opponents all seemed to practice: consumption of certain drugs (some illegal, some not). I would say that the form of censorship we see in our media is similar, but it takes a different approach with the same general goal. Current rules do not reflect most community norms in the US, but tend to take a lowest-common-denominator approach. The goal appears to be (among others) to control community standards through mass media rather than to embrace them and direct policy based on those standards. Why is this mind control so palatable? 2 reasons: 1. It's pretty low-key. 2. We're used to it. It's been 80 years, which makes the FCC older than the addition of "under god" to our Pledge of Allegiance, which many Americans see as something that god himself put into our history before the beginning of time.

      Second: Regulation of frequencies.
      Quelrods, I hate it when people say to RTFA, but judging from your reaction, you haven't read the article. Please -- read the article, man. He's not proposing broadcast anarchy like you suggest.

      I understand the fear people have in disecting the FCC. It's like a warm, fuzzy blanket that we've had for 80 years. What would life be like without it? What would we do without it? Could the industry possibly regulate itself?

      The fact is that the FCC is a completely misdirected bureaucracy. They are granted far-reaching power, without direct oversight -- and they do not guarantee due process. Think about it conceptually, this organization controls mass-communication -- who gets voice, and who doesn't. Once a group has voice, the FCC goes on to control content. Thta's not to say that the FCC is useless -- they also ensure that devices don't interfere with each other and they also ensure that people don't encroach on the s

      --

      -Turkey

    173. Re:fcc is a necessary body by Anonymous Coward · · Score: 0
      Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

      Oh my god! The children! The children! What about the children! We mustn't let them see a breast! Why that might scar them for life! If god meant us to see breasts, he would have made us breast feed our children!

      The typical nonsensical argument of the speech facists. Always looking for another way to control what people hear and say. Look, the FCC has no business regulating speech, and thats precisely what it does now. It controls the first amendment in a capricious and politically driven manner. Stopping interference is a technical task, period, and does not require a large ever growing polticially motivated bureaucracy and certainlly does not make it necessary for that bureaucracy to regulate speech. Thats like saying the IETF needs to control what people say over the Internet to make standards based communications possible. Absolutel horse shit.

      Simple laws on the books, passed by congress, can handle the marginally necessary task of the FCC, preventing interference, perfectly without need for the FCC. Everything else the FCC does is just classic government bloat and a desire to aggragate more power.

      Time for the FCC to go.

    174. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 1

      " Your assertion that "nobody complains about indecency laws" is patently false"

      Nobody's complained about indecency laws. I'm not talking about TV here. I'm talking about not being able to walk up to somebody on the street and flash them. You might have figured this out if you were actually putting your brain into this.

    175. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      radio porn eh?

    176. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 2

      "So let em get this straight, government rules on what is allowed on tv isnt censorship? ... However, i cant find another acceptable word than censhorship for the government telling me what im allowed to watch on tv.
      "


      How many times do I gotta say no? Son of a bitch!

      The government is not saying what can and cannot be shown on TV. I know, you're shaking your head right now. Listen, the gov't is not saying that you cannot see boobs on TV. The gov't is not saying you cannot say 'fuck' on TV. What it is saying is that ABC cannot broadcast those. The difference? You can still see anything you want via cable or renting movies. *You* cannot get into trouble if you do see something like Janet Jackson's boob. Instead, ABC gets it. This makes it a restriction, not censorship.

    177. Re:fcc is a necessary body by NanoGator · · Score: 1

      "If i find the content of a broadcast tv program to be objectionable, i can watch a tape or dvd, change the channel, or turn the damn thing off."

      In order to avoid the content, you have to watch the content. Therefore, you're still watching objectionable content.

      " I don't need the FCC to do it for me."

      The FCC is only doing it on broadcast TV. Go get cable. You can really screw the big bad mean ol gov't that way.

      --
      "Derp de derp."
    178. Re:fcc is a necessary body by Rich0 · · Score: 1

      Congress can pass law and the courts can hear disputes on a case by case basis instead of congress delegating regulation to the FCC.

      Congressional laws are meaningless unless they are enforced. And laws are ONLY enforced by the executive branch of government (at least that is how it is supposed to work).

      If it is made a crime to broadcast non-emergency traffic at frequency xyz, the courts won't do anything about it unless the federal government brings charges against somebody for violating the law. Arguably another agency could take responsibility for this - but this isn't getting rid of the FCC - just reorganizing it.

      The article seemed to advocate leaving enforcement purely up to civil suits (which require no laws at all to function). However, this ignores modest use of spectrum by amatuers or individuals, or valid complaints by minorities. Civil cases simply mean that whoever has the most money eventually wins. Unless you file a class-action suit it is difficult for individuals to take on a corporation. And there is still the problem of how to handle public use of airwaves.

      I think that the solution is to redefine the FCC. Some tasks should continue to be done as-is, some should be expanded, and some should be eliminated. I don't think that just getting rid of the FCC is the solution.

    179. Re:fcc is a necessary body by CrimsonAvenger · · Score: 1
      I never said I agree with the popular criteria of child porn.

      And I never suggested that you do. Neither, for that matter, have I said that I either agree or disagree with the popular definition of child porn.

      I agree that just looking like a child doesn't make it child porn.

      Actually, under US law, it does. Whether this is as it should be is another question entirely.

      "Porn" and "bad science" seem to go hand in hand. Unfortunately, child porn is a subject that, one way or another, sets people off. Bad science is almost inevitable when the researchers have strong opinions going in - and almost everyone has strong opinions about porn, and child porn in particular.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    180. Re:fcc is a necessary body by comedian23 · · Score: 1

      So just because we all have them you think it is cool to be watching basketball with your family, and have some dude run in front of the camera, pull down his pants and show us his butthole? I don't know about you but seeing some dudes lubed-up sphincter isn't high on my list of things I want to see on television. Better yet, since we all do it, how about we just have some guy come on stage at the grammys and take a dump right in front of the podium?

      The point isn't that Americans find it disgusting(we don't, except it was kinda flabby). The point is that to American's a breast is a symbol of sexuality, and people want to know what is going to be on a certain show so they can determine when their children are exposed to that. If they make a TV rating system, and then rate the Superbowl PG-13(occasional brief nudity), that is fine too, so long as parents know what to expect before deciding whether to let their children watch. By allowing people to do whatever they feel like on any show, you are imposing your beliefs(the "it's just a breast" belief) on other people(everyone watching the superbowl) without their consent.

    181. Re:fcc is a necessary body by Rich0 · · Score: 1

      I'd rather e.g. police and ambulance radios used simpler, more reliable technologies.

      A good argument for this is simple physics. If I have two 20 watt transmitters and decent antennas they can probably communicate effectively over something like a 100 mile radius - especially if one is tower-based. On the other hand, a routed network requires hundreds of points to relay a message. In the event of somethink like an earthquake that takes out 90% of the network, a hand-held radio will probably survive and will be useful if it can just directly connect to other hand-held radios.

      You don't need much power to have a far reach with radio. Now, these kinds of technologies are arguably much less efficient than IP-based routing.

      Maybe the best solution is to have conditional assignment of spectrum. An IP-based provider might be free to use a certain band, but if somebody keys an emergency radio and broadcasts a CW signal for a couple of seconds, the routers should all immediately cease using the band for some period of time. That would let emergency providers use their IP-based radios first, and if they have trouble they could go low-tech and everything else would get out of their way.

      Similar to airports - the most efficient way to land planes involves complex traffic patterns and controls. However, if a plane calls mayday then everybody else gets bumpted out of the way and the plane in distress can use whatever runway they need to without regard to impact on schedules.

    182. Re:fcc is a necessary body by NanoGator · · Score: 1

      "How many times do I gotta say no? Son of a bitch!"

      Just so you know, I wasn't calling you a son of a bitch. It was an expression of 'arrrrgh!' Hope you didn't read that wrong.

      --
      "Derp de derp."
    183. Re:fcc is a necessary body by Anonymous Coward · · Score: 0

      That said, treating the airwaves like property is a bad idea. Why? Because it's a very limited resource.

      Funny... free market capitalism works best with scarce resources.

    184. Re:fcc is a necessary body by LaissezFaire · · Score: 1

      Homesteading is very important here. Since hams already have used particular bands, those would become theirs. It's all talked about in the article.

    185. Re:fcc is a necessary body by Alexis+de+Torquemada · · Score: 1
      Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

      Please explain exactly the harm you think is caused to children when they see a naked nipple. Toddlers that even suck those nipples don't seem to be harmed in any way either (ok, that is, in the case of Janet Jackson they would probably suffer a silicone intoxication).

      I think your comment is a fine example of - IMO - US double standards when it comes to "youth-threatening" material on TV - sex vs. violence. As a wise American put it once (whose name unfortunately I can't remember...), you can only show naked breasts on national television if they're cut off with a chainsaw. As a non-American the hysteria about (think about it) a single bare nipple kind of baffles me. As if the kids that watched this "incident" would all automagically be turned into emotionless murdering sex-perverts.

    186. Re:fcc is a necessary body by spirality · · Score: 1

      Freedom is not license.

      It is substantially true that virtue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric?
      - George Washington

    187. Re:fcc is a necessary body by gmhowell · · Score: 1

      If you don't know why a mammary gland is entertainment, are you sure she's your daughter?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    188. Re:fcc is a necessary body by hehman · · Score: 1

      First off, huge amounts of radiation coming off of a consumer device like a microwave or phone is begging for a class action suit, in addition to criminal charges.

      Do you want your cellphone maker deciding how much radiation is dangerous for you?

      You don't think a company would push the limits past "recommended" (but well short of "definitely hazardous") to gain an advantage on signal strength? Especially if any health problems couldn't be definitely blamed on the phone, and would show up decades later?

      You're right, we have been handling that sort of thing in non-electromagnetic forces for a long time... through regulation!

    189. Re:fcc is a necessary body by ONOIML8 · · Score: 1

      I'm all for reducing government control in our lives. But how exactly do you propose that the spectrum would be regulated?

      Keep in mind that the authors "higest bidder" suggestion won't work for things like public safety...unless you want to pay way more than you do now in taxes.

      --
      . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
    190. Re:fcc is a necessary body by npsimons · · Score: 1

      Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship.

      Yes, you may *ask* for "decency"; that's a right guaranteed to you under the first amendment. But you won't necessarily get it. You have no right to that, other than to change the channel. The same first amendment guarantees that I can say "Fuck, you are a really annoying asshole who is too anal and uptight for your own damn good!" and not be punished for it.
    191. Re:fcc is a necessary body by Anonym1ty · · Score: 1
      My point being however, that there is no fundamental reason to treat the RF spectrum different than land use on earth

      UMMM

      Oh boy, Umm where to begin.... Well lets see lets start with wavelengths under 30 MHz or with longer wavelengths than 10 meters... these wavelengths often travel around the world --- THERE GOES YOUR FUNDAMENTAL REASON

      Frequencies from 30-3000 MHz can travel along weather fronts for hundreds to thousands of miles... bounce off aurorae reflect off of the moon and originate from satellites. THERE GOES YOUR FUNDAMENTAL REASON

      Radiowaves travel outside geoplitical boundries into different regions states counties and countries. THERE GOES YOUR FUNDAMENTAL REASON

      Far as I can tell YOUR FUNDAMENTAL REASON IS STUPID

      The FCC should be reorganized --fixed or replaced, however most of what it does in very important stuff. Remember we also have international treaties regarding the RF spectrum we are obliged to follow.

    192. Re:fcc is a necessary body by NachoDaddy · · Score: 1

      1) Unknown
      2) Yes, I do think they should regulate content, for now. If they don't, who will?
      Believe me, I'm not into government censorship or anything like that, nor am I religious, but corporations without any restrictions will quickly drive media beyond even what I can tolerate.
      The article's author suggests selling spectrum permanently, as in real estate. However even when you buy real estate, there are laws that govern what you can't do with your own property. I can't setup a brothel on my block due to local and state laws. The same would need to happen for radio spectrum, and then you would need an agency to enforce that. The main problem I see is that it is impossible with today's broadcasting to control who gets to see what. There is no stopping your impressionable kids from exposure to the mainstream broadcasting, whether it be your local FM carrying Stern or cable/MTV. As long as those guys are on the soap box for all to hear, they need to mind what they say. We do have a community, although the comunity standards are not well defined, and the FCC gets to try and enforce them. Yes we all do have rights of free speech and the right to choose what we want to see/hear, but we can't do that while infringing on the rights of the next guy that doesn't want his kids to see that.
      However, in the future, the access can be controlled better, login and password to watch your cable box or something. At that point I see no need for restriction. Each individual or guardian can choose what level of programming is accessable. In reality we are halfway there. You have porn on digital pay-per-view, and no one's complaining about that (OK, I'm sure someone has). But when Janet Jackson's boob pops out in primetime with no access control or warning, people get upset. The FCC is merely responding to the complaints from the public.

    193. Re:fcc is a necessary body by theghost · · Score: 1

      "In order to avoid the content, you have to watch the content. Therefore, you're still watching objectionable content."

      The first time it happens i see 20 seconds of stuff i don't like before i hit the switch. Next time it's 15 seconds. Third time it's 10 seconds, and there is no 4th because i stopped tuning in to that station/program. (Of course, there's also a small chance that i'm not a fucking moron who can't tell by the tv guide description of the program that there's going to be stuff i don't like in it.)

      At any rate, i'd rather have 45 seconds of objectionable material in my memory than let the censors make that decision for me. The cost of being an informed decision-maker is a price i'm willing to pay for a little more freedom.

      But oh my - think of the children! Heaven forbid their parents should have to pay attention to what their kids watch or explain stuff to them if they see something naughty!

      "The FCC is only doing it on broadcast TV. Go get cable. You can really screw the big bad mean ol gov't that way."

      So the government is only censoring the free media? So in order to get uncensored information you have to have money? Good policy - really top notch there.

      Let the people who are terrified of having their minds broadened beyond their narrow puritanical worldview turn off the tv or subscribe to "The Happy Republican Christian Family Channel" - don't make that the only channel that's available to people who can't afford cable.

      Remember that just because you agree with the censor today doesn't mean you're going to agree with the one that's in charge tomorrow. It's best to leave them out of it entirely.

      Americans have freedom of speech, and the right to change the channel or turn off the tv. That's all we need when it comes to the content of broadcast tv.

      I'm not convinced that the FCC isn't needed to regulate the spectrum, but i'm absolutely certain we don't need them to regulate the content.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    194. Re:fcc is a necessary body by cshark · · Score: 1
      My initial post is what happens when you take someone like me who likes to play devil's advocate on every issue, equip them with a keyboard and about a gallon of coffee at three in the morning. It amazes me that people here on Slashdot keep modding these crazed rants up.

      First off, huge amounts of radiation coming off of a consumer device like a microwave or phone is begging for a class action suit, in addition to criminal charges. We've been handling that sort of thing in non-electromagnetic forces for a long time.

      Yeah, but how would you prove it? Could you even prove it within a feasible time frame to get anything done? I doubt it. It could be thirty to fifty years before we really understand the long term damage caused by things like companies deciding how much radiation is safe to their profit margin. And if half the country gets slowly lobotomized, it's really of little consequence to their bottom line. Especially if it becomes standard practice for companies to start doing things like this. My point (I think there was one in there) is that getting rid of regulation in this area could potentially be a very bad idea.

      As for broadcasting "fuck" a whole bunch via a huge antenna...no problem, if you own the spectrum you're using. If not...well, try renovating a few other people's houses with a steamshovel and see what happens.

      It's no problem at all. You're absolutely right. But if it's unregulated, nobody really owns it. If I were to set up a giant 36000 watt broadcast antenna in my backyard today, I would get arrested. But if the FCC wasn't there to clamp down on things like this, anyone could do it. Do you see where I'm going here?

      As for the DRM issue, the issue at hand is fair use, which still has not been settled. If the restrictions are found to be in violation of fair use, or if we can pass laws clarifying what fair use should be, then those restrictions would be illegal. If they're not illegal, then what's the problem?

      The problem of DRM and fair use has already been settled. Just a couple of years ago, they ruled that a content owner can create any control mechanism that they want to. Fair use becomes moot when there are conditions of the sale, and the content owner is allowed to set any conditions they want to. Obviously, you don't have to buy it if you don't agree with the politics behind it, but these draconian measures to prevent piracy are beginning to show up in all sorts of places. It's a matter of being able to do what you want to do with the technology you own. Wait a minute... you don't really own it anymore, do you?

      Perhaps I don't understand the argument behind your statements. The few I can think of that sound good would be: large corporations would arrange the sale of the FCC spectra to their advantage, unequal enforcement of interference restrictions, and that the gov't would just hand over large areas of the spectrum and leave the small stuff for sale. Or is there a better argument?

      Nope. That's the best analysis of an incoherent rant I think I've ever seen here on the dot. Thanks.
      --

      This signature has Super Cow Powers

    195. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 1

      "The first time it happens i see 20 seconds of stuff i don't like before i hit the switch. Next time it's 15 seconds. Third time it's 10 seconds, and there is no 4th because i stopped tuning in to that station/program."

      That would not have prevented you from seeing Janet's boob.

      "Remember that just because you agree with the censor today doesn't mean you're going to agree with the one that's in charge tomorrow. It's best to leave them out of it entirely."

      Never said I agreed with it. As a matter of fact, I've said several times in this thread that I don't agree with the FCC here. The point I was making was that calling it censorship is incorrect. It's a restriction. Simple.

      Incidently, the broadcast standards have been relaxing over the last few years.

      "Americans have freedom of speech, and the right to change the channel or turn off the tv. That's all we need when it comes to the content of broadcast tv."

      For the most part, I agree with that. The reason I say "the most part" is because there are going to need to be some restrictions here and there, i.e. no kiddie porn.

    196. Re:fcc is a necessary body by earlgreen · · Score: 1

      If you don't know why a mammary gland is entertainment, are you sure she's your daughter?

      Aren't you a bit confused about the actual process that leads to conception? Oh, wait, nevermind... this is slashdot.

    197. Re:fcc is a necessary body by Svartalf · · Score: 1
      You can't hault broadcast TV.


      Really? Do they force you to sit down and watch broadcast TV? Is there laws requiring X number of hours of broadcast TV watching?

      No?

      You can halt broadcast TV. Turn the channel or turn the damn set off.

      You paid to watch TV when you bought your set. You pay to watch TV by way of allowing them to stream a bunch of ads to you every so often.

      It's a double standard and you should see it as such. (No, I'm not proposing that we should be showing the Playboy Channel over the normal airwaves, but it's hypocrisy to say that one is actually different than the other based on you're paying for one versus the other- or that you have to go out of your way to get cable (You have to do that with TV as well...).)
      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    198. Re:fcc is a necessary body by Svartalf · · Score: 1

      Funny that, the FCC DOES regulate what they can and can't do- just like they do with everything else communications related.

      It's just some pinhead decided that Cable was actually different because it's "private" and broadcast is public so they're held to different standards of conduct. Never mind that there's NO real regulation on who can/can't get cable or satellite past the usual credit stuff- so it's intrinsically "public". Kids have credit cards these days. How hard would it be for a kid with a parent who didn't give a damn to set themselves up with cable or satellite and get porn feeds? Not very hard at all, if you must know.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    199. Re:fcc is a necessary body by Anonvmous+Coward · · Score: 1

      "Really? Do they force you to sit down and watch broadcast TV?"

      Yeah becauuse that was soOOOoo what I was saying.

    200. Re:fcc is a necessary body by DerekLyons · · Score: 1
      In an ideal world, the FCC would realize that 99% of current and future communications needs would be better served by a standard high-speed wireless IP network instead of the amazing mishmash of specialized protocol bands we have now. It would rearrange current spectrum allocation to phase out legacy systems and give almost all the useful communications bands to a new protocol (or small set of protocols) based around IP communication.
      The problem is... The FCC isn't able to do so, because the US is signatory to a number of international treaties regulating the usage of the airwaves. This is how we get things like a standard across the world for rescue frequencies.
    201. Re:fcc is a necessary body by dvdeug · · Score: 1

      It's just some pinhead decided that Cable was actually different because it's "private" and broadcast is public so they're held to different standards of conduct. Never mind that there's NO real regulation on who can/can't get cable or satellite past the usual credit stuff- so it's intrinsically "public".

      So everything is intrinsically public and hence should be censorable? The Supreme Court has repeatedly stated that you cannot force people to only produce things for a children's level; the only way the FCC gets away with it is because TV has to use public airwaves, which cable doesn't.

      How hard would it be for a kid with a parent who didn't give a damn to set themselves up with cable or satellite and get porn feeds? Not very hard at all, if you must know.

      Probably harder than to buy alcohol, drugs or porn. It's harder then for him to get a dialup connection to the wide world of internet porn.

      It's not the US government's job to censor. That's why we added the 1st amendment.

    202. Re:fcc is a necessary body by Spy+Hunter · · Score: 1
      Don't confuse this new IP network with today's short-range wireless Internet technologies. A hand-held IP based radio, if working with the same power on the same frequencies as an old analog radio, would have the same range in the absence of routing (perhaps better due to more efficient and error-tolerant digital transmission). But if a routed Internet connection is available, suddenly that range becomes the whole world. With mesh networking technology, range could be extended even in the absence of a wired internet connection, but I don't think this would really be scaleable beyond two or three hops.

      For some applications, high power transmitters and/or long-range frequency bands could be used; for others low power and/or short-range frequencies. It would be one unified network, completely IP based, but not every device would have to use the same frequencies.

      There is value in having a few bands reserved for low-tech emergency beacons or communication, so at least a few bands should be kept open. But for most other communication, a unified IP network is the way to go.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    203. Re:fcc is a necessary body by dvdeug · · Score: 1

      people want to know what is going to be on a certain show so they can determine when their children are exposed to that.

      I don't want my children exposed to this magical-religious stuff that some otherwise realistic shows may fall into. I'm sure some parents wouldn't want their children exposed to evolution. The current censorship system only helps parents if they share your hangups.

    204. Re:fcc is a necessary body by DunbarTheInept · · Score: 1


      By selling both the spectrum and the allowed wattage you now effectively have a 2-D resource.

      False. If you own a plot of land at 1001 north maple street, and I own a plot of land at 2001 north maple street, these are seperate independant pieces of land, despite the fact that they both share the same east/west coordinate in the 2-D resource. But, on the other hand if I own a radio station broadcasting at a different wattage than yours, but they share the same 'coordinate' on the spectrum, they *do* interfere. This means the RF spectrum is not as "2-D" a resource as real estate is.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    205. Re:fcc is a necessary body by DunbarTheInept · · Score: 1


      nobody has a problem with the concept that some corporation might control all the land why do we consider this a viable reality for the spectrum?

      False. I have a *large* problem with that concept. The difference is that it's a heck of a lot less feasable for that to actually happen with real estate than it is with the RF spectrum, so there's less danger of it. If I thought it was possible to occur, then I'd be rasing a big stink over it. The reason nobody is worried about one company owning all the land is just because it simply cannot happen - there's too much of it for anyone to be able to afford buying all of it. With RF frequencies, on the other hand, it isn't that much more expensive to make your transmitter broadcast on a flood of all frequencies than it is to make it broadcast on just one narrow band of the spectrum. The only "expense" with this, really, is the artificial one created by FCC licensing.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    206. Re:fcc is a necessary body by comedian23 · · Score: 1

      > The current censorship system only helps parents if they share your hangups.

      Then make the current rating system more comprehensive, and less culture/belief system specific. Don't abolish it all together.

    207. Re:fcc is a necessary body by anethema · · Score: 1

      Exactly right IMHO :)

      --


      It's easier to fight for one's principles than to live up to them.
    208. Re:fcc is a necessary body by theghost · · Score: 1

      I couldn't care less about Janet Jackson's breast, so let's just drop that from the conversation, ok? I'm interested in the more general phenomenon of the FCC as moral authority.

      "The point I was making was that calling it censorship is incorrect. It's a restriction. Simple."

      Restricting the content of speech or publication (including broadcasting) is the very definition of censorship. I fail to see the "simple" distinction you are trying to make, so please explain further if you can.

      I will allow that sometimes censorship is warranted (kiddie porn) but that should not be the FCC's job. Let the FBI and the police take care of that.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    209. Re:fcc is a necessary body by slipstick · · Score: 1

      Except that the point isn't about what you can do on your property it is whether you have the ownership of the property to begin with.

      Your cost justification is about use not about ownership. To be able to broadcast on all those frequencies you first have to own them, and you have to own the rights in every "jurisdiction" where you plan to broadcast.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    210. Re:fcc is a necessary body by slipstick · · Score: 1

      Of course if your two pieces of broadcast "land" overlap that's a problem. But you made an artificial distinction. Your analogy with land would only be correct if you said that you own a plot of land at 1001 north maple street and I own the whole of the 1000 block of north maple street. See? Our real land overlaps, which of course is a problem. But for real land we have legal precedent (and deeds/bills of sale) going back hundreds(thousands?) of years to work out where the dividing line is.

      If we both broadcast at a wattage where the signals don't interfere than they are two seperate pieces of the "broadcast space". They can be sold as two seperate pieces and legally treated that way. If I wanted to broadcast in to your "broadcast space"(your land) I'd have to buy it(or rent it) from you or face civil or criminal charges.

      The FCC currently licenses the "broadcast space" exactly in the manner I describe in my second paragraph(e.g. non-overlapping). In other words, in the US the FCC is the sole proprietor and owner of the "broadcast space"(in Canada it is the CRTC).

      Would you feel comfortable if your government owned all the land and ownly licensed it to you? You wouldn't actually have ownership and you could only do with it what your govenment said. Of course if you say yes, than you and I have a fundamental disagreement as to the role of government but that's a different story. (oh and before you go in to all the laws that apply to land usage, these aren't "license" terms dictated by one omnipresent government agency, they are laws passed by elected officials that can be voted in and out of office at the voters pleasure. They are by-laws or city ordinances that have been built up over long periods of time and generally apply in only certain regions,counties, cities etc. Ownership still invests with you, the government can't take it away, barring eminent domain or nonpayment of taxes.)

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    211. Re:fcc is a necessary body by perlchild · · Score: 1

      Since radio waves don't respect state borders, that makes broadcast waves a federal matter.

      I can assure you that if broadcast was more subject to state regulations, there wouldn't be just three networks, you'd have 150 networks, organized in three cartels, just so they can take advantage of the loosest state policy when it comes to advertising, yet stay out of trouble at all the others. The Media wouldn't, however, be more free.

    212. Re:fcc is a necessary body by DunbarTheInept · · Score: 1


      To be able to broadcast on all those frequencies you first have to own them, and you have to own the rights in every "jurisdiction" where you plan to broadcast.

      While FCC licenses are expensive, it still costs orders of magnitude less to buy enough FCC licenses to broadcast on all frequencies in a city than it does to buy enough real estate to own all the land in that city. That is why buying all the land is not feasable but buying all the airwaves is, and that's why the artificial cap is in place.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    213. Re:fcc is a necessary body by DunbarTheInept · · Score: 1

      I agree that ownership would be better than licensing, so save your breath.

      But your original point I objected to was not about that. It was about the fear of one company being able to buy up all the spectrum when that same fear doesn't exist for real estate so why should people be worried? They should be worried because there's only a few hundred broadcast channels per large city (and that's when you add up AM/FM/VHF/UHF together), while there's a hell of a lot more plots of land than that. It is prohibitively expensive to buy up all the real estate but it is feasable to buy up all the RF spectrum. So, yes, have RF channels be owned instead of licensed, but keep the rule that puts an upper maxiumum on how many channels you can own in an area.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    214. Re:fcc is a necessary body by Mazzie · · Score: 1

      i see your point, but i least i could choose to live in a state that more matched my political views on this or any subject.

      when the feds get involved in morality it is an umbrella policy that you can't escape.

      --
      Having a bookmark to Google does not make you an expert on everything.
    215. Re:fcc is a necessary body by perlchild · · Score: 1

      Nice way of putting it, guess you're reduced to convince the 49 other states to fix the problem(the fcc and morality shouldn't mix) instead of moving. Its kinda scary that you think option 2 is more acceptable really...

  3. Always trust your instincts by eltoyoboyo · · Score: 0, Offtopic

    You should have stuck with your initial gut reaction. It was probably right.

    --
    Have you Meta Moderated t
  4. We need order. by jmoore2333 · · Score: 3, Insightful

    Without regulation, there would be no order. The FCC is in place to help corporations deal with issues that they cannot be trusted to deal with on their own, a la wireless spectrums and licensing certain frequencies... This can't possibly be serious. Although, I do believe I violate FCC regulations with having my case not properly secured as I may be interfering with other radio devices, such as the fileserver next to it.

    1. Re:We need order. by jcr · · Score: 2, Insightful

      If you roll the FCC back to a function like the IANA, where *all* they get to do is keep track of who owns which spectrum in which areas, that would be a dandy start.

      They should never have been anything more than a registrar of certain property, and enforcement of property rights should have been left up to the owners and the courts.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:We need order. by Anonymous Coward · · Score: 0

      When the republicans deregulated the banking industry, it caused the savings and loan scandal.
      When the republicans deregulated the energy industry in California, it caused the california energy crisis.

      Deregulation = Lawlessness.

    3. Re:We need order. by LostCluster · · Score: 1

      And that'd mean that the RF spectrum would run just about as smoothly as the Internet is runing now...

      We'd have a whole lot less Spam and viruses if the IANA or somebody could simply revoke the IP address allocations of those who misbehaved on the Internet. Lets face it, right now those who annoy over the Internet can be taken to court, but that's not effective at shutting down the annoyances. Having an enforcer with the ability to silence those who bother others sometimes does come in handy.

    4. Re:We need order. by EZmagz · · Score: 1
      Although I only skimmed the article, I thought it did point out some major setbacks/failures brought on by the FCC in the past. You're right about without regulation anarchy resulting though. If spectrums were a total free-for-all, there's no telling how messed up shit would get. Next time you microwave that burger, don't be surprised if your WIFI device melts instead of the cheese or your TV grows legs and starts chasing you out the door.

      There's gotta be a compromise somewhere. The FCC could definitely use an overhaul...maybe it's time to oust people like Powell and bring in a team of scientists and researchers that are motivated by technological progress and compliance for the average person instead of making sure they don't piss off Sony, Comcast and Clear Channel?

      --

      "Hell hath no fury like a woman scorned for SEGA. ..."

    5. Re:We need order. by jcr · · Score: 2, Interesting

      And that'd mean that the RF spectrum would run just about as smoothly as the Internet is runing now...

      Well, we take the good with the bad, and from where I sit, the net is getting better/faster/cheaper, at an amazing rate. I'll agree that we need some way to kneecap spammers efficiently, but look at how useless government has been to date on that front.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:We need order. by Anonymous Coward · · Score: 0

      Penis, penis. I can see you masturbating.

    7. Re:We need order. by michael_cain · · Score: 1
      If you roll the FCC back to a function like the IANA, where *all* they get to do is keep track of who owns which spectrum in which areas, that would be a dandy start.

      Scaling back the FCC's responsibilities may be reasonable, but not quite that far. Consider a couple of instances.

      First, because we're talking about broadcast media here, there is some need to restrict actions before they happen, rather than strictly after. For example, the FCC sets standards on radiated power levels for consumer devices. Suppose a vendor introduces a wonderful new device, but the design is such that it degrades over-the-air television for anyone within 400 yards of the operating device. Who sues whom? Does the TV station sue the manufacturer? Do they sue the individual owners? Do private individuals have to identify which neighbor is the culprit and individually sue them? Does the court issue an initial restraining order? Does that stop the company from selling any more hardware, or does it stop the individuals from using the devices already sold? Does the sheriff knock down your door and turn off your device? What if it takes 60 days to come up on the court's schedule?

      Second, the FCC has been saddled with lots of responsibilities other than spectrum allocation over the years. Lots and lots of regulations on telephone companies, for example -- local number portability to name one. This is a case where, based on actual experience, both the wireline and cell phone companies had zero interest in making it possible for the end user to keep a phone number that they had used for years when they changed carriers. It works now (well, mostly works) ONLY because the rule was imposed on the companies from the outside.

    8. Re:We need order. by MourningBlade · · Score: 1

      Great post. Hadn't considered those problems.

      The question of imported devices is a big one. I wonder, though, if the legal questions wouldn't motivate manufacturers to be even more careful about emitted signals?

      In the current situation, if the FCC vettes your design and says it's ok, then it turns out it interferes with TV...you have to withdraw the product or fix it, and you have no legal recourse to the FCC. At least when an independent lab tests something and says "no interference," you can sue them.

      Secondly, the regulations on phone companies...I wonder how much of the problem is due to cities only allowing one set of copper, and all the regulations preventing outsiders from joining the system? Just look at what's going on with VOIP.

      We will doubtless have problems though with the entrenched monopolies making competition difficult for years to come whether or not we have deregulation.

    9. Re:We need order. by michael_cain · · Score: 1
      Secondly, the regulations on phone companies...I wonder how much of the problem is due to cities only allowing one set of copper, and all the regulations preventing outsiders from joining the system? Just look at what's going on with VOIP.

      As I have posted before, I do not believe there is any industry in the US regulated more, or by more different entities, than phone service. And of course, many of today's regulatory disputes are grounded in yesterday's well-meaning regulatory requirements. Since it was originally difficult to interconnect networks and numbering plans, you got franchise areas with only one provider per area. Since it was desirable that phone service be available to everybody, you get subsidies: long distance subsidized local service, urban service subsidized rural, business service subsidized residential, etc.

      Once you have monopolies and subsidies, there are incentives to game the system. When you separate long distance and local service, a company that can provide long-distance service but avoid the local subsidies has a cost advantage. When you allow other companies to provide business-only local service, they have a cost advantage if they can avoid the residential subsidy. When new companies introduce technology such as cellular or VOIP, which provide voice transport but for whom it is difficult to provide expensive capabilities such as 911 that are required of the older companies, you get regulatory fights.

    10. Re:We need order. by Asterisk · · Score: 1

      The internet is running quite well enough now. Spam really only affects email, and modern filtering solutions are becoming increasingly effective. The web, which is completely unregulated, does not suffer from these problems and functions exceedingly well.

      If the internet were regulated the way radio frequencies are, perhaps we would have less spam and viruses, but we'd also have a much less of everything else.

    11. Re:We need order. by Anonym1ty · · Score: 1

      You miss the point of the FCC entirely.

      NO ONE OWNS THE SPECTRUM, WE ALL OWN IT

      The Radio Spectrum is a natural resource owend by everyone. The FCC's job is to manage it.

      You can argue that the FCC isn't doing their job well, however PLEASE do not advocate giving away my stuff... I feel the Radio Spectrum is mine --- as it belongs to everyone. It can not be sold or auctioned, however the right to use a certian part of it in a given geographical area for a given time may be.

      Next thing you know people like you will start selling air and I won't have any left to breathe. Some things are better left to everyone.

      The FCC is more than a registrar, they also make sure that devices transmitting on RF don't kill you. Would you like to have little johnie microwaved -cooked by his R/C car?

  5. Yes! by Anonymous Coward · · Score: 0, Funny

    The FCC should be abolished, and their authority should be placed directly into the hands of the Bush White House. That's the ticket.

  6. Misleading Summary by Oculus+Habent · · Score: 4, Interesting

    "A small country devastated by the economy of communist rule is recovering rapidly, and has a smaller government than the US. Therefore we should eliminate the FCC."

    What?!

    I agree with most of the article, but that's quite the non sequitur.

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    1. Re:Misleading Summary by KarmaMB84 · · Score: 2, Insightful

      The part about their growth rate is funny. The guy obviously doesn't understand the basics of immature VS mature economies.

    2. Re:Misleading Summary by Anonymous Coward · · Score: 0

      The author of the article brought up the example to demonstrate that it's possible for something government owned to be rapidly privatized.

    3. Re:Misleading Summary by Anonymous Coward · · Score: 0

      No it isn't. The analogy is about rate of change; Estonia is growing rapidly because of its smaller government, i.e. smaller net amount of government-imposed friction on the economy.

      He only chose Estonia because it's an immediate example. Historical references (such as this own country's pre-regulatory history) are just too intellectual for the ones spouting the guilty-until-proven innocent arguments against private industry.

  7. yes by Ledora · · Score: 0, Redundant

    yes

    1. Re:Yes by Anonymous Coward · · Score: 0

      The public airwaves which broadcasting companies use to make money have to serve the interest of the general public. If they don't want to conform to those standards, there is always cable. There has always been, and for good reason, standards for public broadcasting. Pretty simple concept. Or should we just replace saturday morning cartoons with hardcore porn. Maybe dedicate the 8pm family hour for Asian scat films? Or, on the flip side, how about all public networks broadcast 24 hours of bible thumping fun. Standards are not a bad thing for public airwaves.. the key word being PUBLIC.

    2. Re:Yes by Erwos · · Score: 4, Insightful

      To be fair, the FCC DID NOT throw Howard Stern off the radio. Indeed, his employers did - in order to avoid being fined by the FCC. This is not an insignificant distinction, and efforts to portray the FCC as censoring Howard Stern's political views are laughable, especially considering he was a rather ardent supporter of the administration beforehand.

      The simple fact is, I really believe that most of the American public doesn't mind public decency standards, and in fact, encourages them. They're not offended by the lack of pornography. And, since we're a democracy, and the standards are not curtailing any personal rights (only the rights of corporations!), I'm not sure why all of /. hates them. Go buy cable if you want porn whenever you want - it's entirely legal by the horrible old FCC, you know?

      If the FCC ever starts censoring _ideas_, we have problems. But they're not doing that, and people who portray them as doing so are misrepresenting the issue.

      Personally, I think our society could do with less sex and violence on TV - it could make us a little more civilized.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    3. Re:Yes by LostCluster · · Score: 2, Informative

      Howard Stern was only thrown off the air in a small number of cities to begin with. Clear Channel took him off of every station that they own... but the station that produces his show and a majority of the stations that air it are owned by Viacom. Not one Viacom station has touched the show at all.

    4. Re:Yes by Rytr23 · · Score: 1

      Ummm right and wrong..Your technically correct, Mike Powell did not fire Stern, however I find it a bit peculiar that as soon as Stern started hammering the current administration(Bush et al), Clear Channel, who had carried Stern for >10 Years of the same level of material, all of the sudden drops him? (Not to mention reneging on the contract between the two parties) Also, its quite the coincidence that the CEO of CC just happens to be a golfing buddy and long time friend of the current POTUS. And also, in Firing Stern, CC adamantly claimed a zero tolerance policy on all thier stations, however there have been multiple cases of "indecency" among other CC broadcasters with no response by CC. Makes you wonder..

      --
      So many injustices..so little time..
    5. Re:Yes by iphayd · · Score: 1

      The problem with that is that I doubt that TV without the FCC would change much. Networks have a finger on the pulse of what people want to see. There was going to be a breast shown on ER soon after the SuperBowl(TM) (a bare breast in an emergency room, the horror!), but it was pulled by the network as inappropriate. While I don't particularly like the fact that the network censored that incident, it does provide a good example of the market regulating their own content.

    6. Re:Yes by UnCivil+Liberty · · Score: 1

      To be fair, the FCC DID NOT throw Howard Stern off the radio. Indeed, his employers did - in order to avoid being fined by the FCC. This is not an insignificant distinction, and efforts to portray the FCC as censoring Howard Stern's political views are laughable, especially considering he was a rather ardent supporter of the administration beforehand.
      You are right in that ClearChannel did drop Stern off their 6 stations, but the FCC is also now trying to pass stricter guidelines which would allow them to fine individuals (i.e. DJs) instead of the radio stations for violating their rather broad interpretation of indecent, which Mr. Stern believes the FCC will use to effectively "throw him off the radio", or rather fine him to the point where he can no longer continue. The FCC also went after Stern for describing what a "blumpkin" was, but not after Oprah for an arguably more graphic description of similar actions ("tossing the salad", among others). Maybe not censorship, but certainly selective enforcement.
      Go buy cable if you want porn whenever you want - it's entirely legal by the horrible old FCC, you know?
      It may not be for long, the FCC has shown an interest in to moving in to Cable, back in March they were one vote shy from being granted the authority to regulate cable and satellite television programming by the U.S. Senate Commerce Committee.

      --
      Distributed proteome folding @ WorldCommunityGrid.org
      Team Slashdot - Members:#1 Run Time:#1 Points:#1 Results:#1
    7. Re:Yes by wwest4 · · Score: 1

      > most of the American public doesn't mind public decency standards, and
      > in fact, encourages them. They're not offended by the lack of pornography

      Well, maybe not offended, but - I'd like to see what would happen if the restrictions on the broadcast depiction of sex acts were eased; the hypothesis being that if the taboo surrounding sex were lifted, then two things would happen:

      - our appetite for violence would diminish
      - our appetite for gratuitous and fetishistic porn would diminish ... the idea being that aggression and abberant and gratuitous pornography are, at worst, caused by sexual repression, because the difficulty in accepting even "normal" sexuality induces a strong desire to break stuff and obsessively watch hardcore. Hell, "porn" is nearly synonymous with "object of obsessive fixation." (food porn, war porn, etc).

      Granted, you'll never completely kill the allure of sex, but I'm guessing it could be hidden in plain sight, like absurdly ideal close-up pictures of beer bottles or quarter-pounders. If you want it, you fixate on it while salivating - if it's not relevant to you, you don't notice it after a couple of viewings.

    8. Re:Yes by Nerd+With+Nalgene · · Score: 1

      And, since we're a democracy, and the standards are not curtailing any personal rights (only the rights of corporations!), I'm not sure why all of /. hates them.

      So the rights of corporations can be infringed with no problem? It's not like corporations are everyone's enemy, you know. The freedom of corporations to operate independently of government regulations is what gives us technology, jobs, production, etc. and we need to preserve their rights to conduct business almost as much as we need to preserve our right to conduct our lives.

      --


      "as if nothing were solid...and that would be the end of the world, not fire and brimstone, but goo."--Rand
    9. Re:Yes by NeoSkandranon · · Score: 0, Troll

      Yeah, cuz ya know, Oprah' black. that would be racist.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    10. Re:Yes by dvdeug · · Score: 1

      To be fair, the FCC DID NOT throw Howard Stern off the radio. Indeed, his employers did - in order to avoid being fined by the FCC. This is not an insignificant distinction,

      If I threaten you, whether it's with a gun or with the power to fine you, so you do what I want, saying I'm not responsible for what you did is absurd.

      and the standards are not curtailing any personal rights (only the rights of corporations!),

      The FCC didn't infringe on Howard Stern's rights? The First Amendment is all about the freedom of the press, which is by necessity corporate. In any case, once you curtail the book stores, ISPs, phone companies, newspapers and TV stations, we can still walk door to door and communicate.

      If the FCC ever starts censoring _ideas_, we have problems.

      Show me a way to communicate the idea that women should masturabate their clitoris in a counter-clockwise motion on TV or radio.

      Christian radio stations don't have to worry about the FCC, but stations playing Howard Stern do. It's definitely not content-neutral.

    11. Re:Yes by Captain_Chaos · · Score: 1

      Personally, I think our society could do with less sex (...) on TV

      I've never understood why people say things like this. Would you care to explain why society would be better off with less sex on TV? What damage does it do to the delicate psyche of the average TV viewer? What disadvantage will the youth of America have later in live, having seen Janet Jacksons nipple on TV? I really don't get it.

    12. Re:Yes by Chanc_Gorkon · · Score: 1

      Last I checked, Howard Stern was entertainment.....NOT the press. I mean if you call having pornstars come in for interviews the press then....well...I guess....but not in my book.

      --

      Gorkman

    13. Re:Yes by Lumpy · · Score: 0, Troll

      one last thing that everyone intentionally overlooks is that Howard Stern's ratings have been in the toilet for years now... they took a major nose dive in 2001 and kept falling cince them. most affiliate stations dropped the show or moved it to their AM station as they were getting better ratings with music and traffic alone or another group like "bob and tom" or other "shock jock" copycat/wannabe's.

      Stern's ratings were so low they could not get advertisers to pay the premiums that the host and cast were demanding. Hell stern was making local ad voice overs at the end for really low $$$ amounts... the local Tattoo and head shops here in my town dont have thousands to spend on a big cdeleb voice talent, but there was howard's voice advertising the 2 for 1 bong special at habib's smoking supplies.

      Howard stern is off the air because he is old ant tired.. nobody want to hear the same crap over and over, he no longer did anything new or anything that got your attention like he did in the mid to late 90's/... his entertainment value went way WAY down.... so he was tanked, like all other shows that finally have worn out all the audience.

      I'm glad he bowed out on his own terms instead of trying to say in it. He knew it was time to get out and took the out he was offered.

      --
      Do not look at laser with remaining good eye.
    14. Re:Yes by poot_rootbeer · · Score: 1

      To be fair, the FCC DID NOT throw Howard Stern off the radio. Indeed, his employers did - in order to avoid being fined by the FCC.

      No, to be fair, the FCC deliberately targeted Stern and his employers by levying fines on them for behavior which was not considered improper before (at least if the FCC's prior lack of action is any indicator), and by levying larger fines within the span of a few months than throughout the previous several years cumulatively. The FCC's actions were not part of an even-handed attempt to enforce decency regulations across the spectrum, but rather a targeted effort to stifle a certain type of programming.

      It may not constitute censorship in the legal sense, but it sure as hell is coercion.

    15. Re:Yes by npsimons · · Score: 1

      Personally, I think our society could do with less sex and violence on TV - it could make us a little more civilized.

      Less violence - yes; less sex - no. What this society needs is to radically realign it's priorities, re: sex and violence. We've reaped the rewards of Puritanism (good education and a work ethic that makes us a world leader); why should we continue to suffer the negative aspects of it ("sex is bad, violence is good").?
    16. Re:Yes by Tripster · · Score: 1

      why should we continue to suffer the negative aspects of it ("sex is bad, violence is good").?

      Mostly because you have a rather huge military industrial complex setup that would rather remain in existence. Remember, this group doesn't get voted into/out of office every 4 years either.

      I equate career military folks to the military class featured within the Minbari species on Babylon 5, a very tough lot to get rid of as they live for little else than inventing new ways of killing and blowing things up.

    17. Re:Yes by dvdeug · · Score: 1

      Last I checked, Howard Stern was entertainment.....NOT the press.

      Governments frequently fear jesters more than the press. If you can make someone an object of humor, that's often more effective then trying to reduce his reputation; it's a lot harder to defend against humor than slander.

      I mean if you call having pornstars come in for interviews the press then....well...I guess....but not in my book.

      So you're willing to silence part of society because you don't approve of them. What part of that is not censorship?

    18. Re:Yes by UnCivil+Liberty · · Score: 1

      Going after Oprah would be a PR nightmare, and they realize it, but if you are going to enforce the rules it should be across the board, not just against Howard Stern.

      --
      Distributed proteome folding @ WorldCommunityGrid.org
      Team Slashdot - Members:#1 Run Time:#1 Points:#1 Results:#1
    19. Re:Yes by Chanc_Gorkon · · Score: 1

      Never said they could not have their own speech.....there are plenty of venues (strip clubs, cable tv, video....etc) where they can do this but not on the PUBLIC airwaves. Saying change the channel ain't so simple sometimes because sometimes it's WHEN your changing the channel you come across this....entertainment. Let me make this clear...I am not a proponent of the V-chip because I would rather control what my kids view and not rely on technology to work correctly to protect my child. That said, there are plenty of places that people can go to get this kind of entertainment.

      --

      Gorkman

    20. Re:Yes by dvdeug · · Score: 1

      Never said they could not have their own speech.....there are plenty of venues (strip clubs, cable tv, video....etc) where they can do this but not on the PUBLIC airwaves.

      Why not on the public airwaves? They are part of the public, they have opinions and they have the right to express them.

      That said, there are plenty of places that people can go to get this kind of entertainment.

      And there's plenty of places people can go to listen to people like Rush Limbaugh. Why can't we dismiss him as entertainment and banish him from the public sphere?

      This is all guarenteed by the First Amendment. The government can not arbitrarily silence those who annoy it.

  8. FCC isn't just telecom by jlaxson · · Score: 3, Interesting

    The FCC isn't just about regulating commercial telecom. It fulfills many other roles, such as manager of the HF spectrum. It licenses users of said spectrum. How good would it be if the mobile phone companies couldn't agree upon how to allocate frequencies for their cell phones, and ended up trashing each other. Or, commercial interests began trashing the spectrum, to the dismay of the red cross and others who can no longer communicate when a tornado rips up main street. Even if landline telephone companies no longer need regulation, an independent (though even the FCC seems to lack this trait) organization is needed to maintain and police other things, even if they are not regulation.

    --
    On Apple Input Peripherals: They're okay, I guess, but I was really hoping for a one-key keyboard and a 109-button mouse
    1. Re:FCC isn't just telecom by ejdmoo · · Score: 1

      RTFA...he presents a solution to that problem. Sell off the spectrum and treat it like land, complete with tresspasses and restraining orders.

    2. Re:FCC isn't just telecom by jlaxson · · Score: 1

      Who will "own" public service spectrum, ie Amateur Radio, FRS, GMRS, etc?

      --
      On Apple Input Peripherals: They're okay, I guess, but I was really hoping for a one-key keyboard and a 109-button mouse
    3. Re:FCC isn't just telecom by Anonymous Coward · · Score: 0

      There are "public" lands. Why should there not be "public" bands? Municipalities could own tracts of spectrum (2.4GHz, amateur, etc) - and would have to to keep it's citizens happy. The Fed would, as part of the deregulation process, distribute the currently public spectrum ranges to the local governments. Simple stuff. Ask a hard question.

      You know, like, can FM be unbundled from analog stations in a way that allows digital transmission over unused frequencies? Would that require a consortium of network device makers to purchase spectra?

    4. Re:FCC isn't just telecom by jlaxson · · Score: 1

      Amateur frequencies propagate around the entire world. You want each local government to supervise it? And how do you expect an amateur such as myself, operating out of Minneapolis, Minnesota, to not interfere with another amateur in Washington D.C. who is subject to different rules? How useful would it be if you had to purchase a different set of FRS radios for each city you visit?

      --
      On Apple Input Peripherals: They're okay, I guess, but I was really hoping for a one-key keyboard and a 109-button mouse
    5. Re:FCC isn't just telecom by LMariachi · · Score: 1

      Ooh, good idea. The same way the government sold off land that didn't belong to them, now they can sell off spectrum that doesn't belong to them!

    6. Re:FCC isn't just telecom by MourningBlade · · Score: 1

      Even if landline telephone companies no longer need regulation, an independent (though even the FCC seems to lack this trait) organization is needed to maintain and police other things, even if they are not regulation.

      I believe this is the combined element of the civil and criminal court systems and the police power of the state.

    7. Re:FCC isn't just telecom by MourningBlade · · Score: 1

      how do you expect an amateur such as myself, operating out of Minneapolis, Minnesota, to not interfere with another amateur in Washington D.C. who is subject to different rules?

      As the property would be allocated nationwide for such spectra, the rules for their usage would as well. Yes, you can still have rules without the regulation.

      First, you could have a foundation created by users of the spectrum with a charter drawn from the rules of usage, and it would be able to bring civil penalties to bear on abusers.

      Or you could have interference with a spectrum (a sort of vandalism) be a criminal offense, and allow the FBI (as this is inter-state) to investigate and prosecute. I think you'd be better off with the civil penalties in small cases, but there's no reason you can't do both.

      Lastly, if the area of effect crosses national borders, you would almost definitely be within the purvue of the FBI and treaties signed between other countries.

      In addition to the foundation option, you could register acceptable public use with an agency, and allow individual parties to bring suit against one another in civil court alleging improper use. This would be for a fully-public band such as amateur radio. Private bands would be different.

    8. Re:FCC isn't just telecom by Asterisk · · Score: 1

      To extend the frequencies-as-land metaphor, I presuem the Amateur Radio frequencies would be considered public rights-of-way, as in land that everyone has the right to access but that no one in particular, including the goverment, has an exclusive ownership claim to.

      For FRS and GMRS, considering the capabilities of modern technology, this shouldn't even be an issue. Use encrypted digital signals and even radios operating on the same frequency will only hear what's intended for them.

    9. Re:FCC isn't just telecom by Anonymous Coward · · Score: 0

      Who will test and issue licenses for said right-of-way?

    10. Re:FCC isn't just telecom by Asterisk · · Score: 1

      The concept of right-of-way precludes the issuance of licenses, as licenses would imply ownership of the resource in question by the licensor.

      Public right-of-way is precisely as its name implies; a licensing scheme would be incompatible with the premise.

  9. No but... by ike6116 · · Score: 0

    can we get them a bag of weed or something? I accept them as necessary but their whole "no transmitting for you" spiel has got to go.

    --

    Are you secure enough in your masculinity to run 'man touch'?
  10. Let me think....NO by SatanicPuppy · · Score: 5, Insightful

    Having worked for a number of radio stations I am well aware of the inherently evil nature of the FCC. If you have to work with them on a regular basis, you cannot help but come to the conclusion that they suck.

    However, the chaos that would result from everyone and their mother grabbing whatever bandwidth they felt they needed and filling it up with whatever the hell they felt like putting in it is less palatable still.

    Last thing we need is to make it easier for people who can afford bigger equipment to force the little guys out. On top of that, there are actual safety issues involved, with radio telemetry for airplanes and all the emergency bands.

    Such a bad idea.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:Let me think....NO by TheViewFromTheGround · · Score: 2, Insightful

      The way this article is framed is really lame. Obviously, the FCC has a few major areas that are significantly broken. Powell has pushed an agenda that is allowing a lot of concentration of media power. The dubious censorship practiced by the FCC in a legalistic way is secondary to the self-censorship that can come when you have a handful of powerful news sources with incredibly broad audiences.

      But the question should not be an all/nothing, either/or question. Spectrum is precisely an area where libertarian fantasies (as implied in the subject of the post) about business self-regulation run aground. Spectrum is, in some sense, a common good, and it needs a more neutral overseer than business necessarily provides. One could retort that a libetarian scenario exists where businesses are not recognized as individuals. I agree that in such a scenario a kind of individual libertarianism could coexist with a regulatory body that oversaw the electromagnetic spectrum. But the point is that there needs to be a body that is, if not 100% politically neutral, transparent and open to input from various interests in society.

      The question should be: what is wrong with the FCC and what should its role be in the future, not should we ban it. What should our vision for the role of the FCC be?

      --
      Online citizen journalism from the inner city: The View From The Ground
    2. Re:Let me think....NO by Anonymous Coward · · Score: 0

      Powell has pushed an agenda that is allowing a lot of concentration of media power.

      As well as a blatent give-away of large amounts of already registered frequency to the power industry through BPL (broadband over power lines) authorization. As a telecom CEO, I can tell you Powell has his head stuck way up the power industry's interface on this one. He simply will not listen to any perspective. Someone's paid a handsome amount for this attention.

      As a registered (and voting) republican, I'm shocked at how Powell has totally given away the shop on BPL. (I work with the power industry and owe my business's existance to them as well - but a terrible idea is still that). Of course, state congress critters are too overwhelmed by the technical natures of BPL and respond with a "well, I'm sure we'll all work our disagreements out after Mr. Powell pays back...er... gives the electrical utilities their gift..er...permission."

      BPL will wreck frequencies. It's science, not lobbying. It's like putting a high density hog farm on every block and pretending any noticed smell can "be managed." Why engineer something all the engineers know will be a nightmare?

      Why trash the frequencies and permit major disruption across the board for any reason other than quid pro quo for Powell to the power industry?

    3. Re:Let me think....NO by Anonymous Coward · · Score: 0
      "However, the chaos that would result from everyone and their mother grabbing whatever bandwidth they felt they needed and filling it up with whatever the hell they felt like putting in it is less palatable still."

      So free speech is ok, as long as it's not mass distributed via the airwaves. Would you have the same objection if someone bought a newspaper and filled it up with whatever they like? Actually what difference does it make whatever medium one chooses to broadcast their content? Don't like it, don't tune it! It's not like radio spectrum is cheap so that everyone can afford a slice.

      "Last thing we need is to make it easier for people who can afford bigger equipment to force the little guys out. On top of that, there are actual safety issues involved, with radio telemetry for airplanes and all the emergency bands."

      Err... let me see... how 'bout the Government not sell that slice of spectrum, and reserve it for public/special use? Man, did you actually think about the idea before you made up your mind?

    4. Re:Let me think....NO by Whatever99 · · Score: 1

      CLEARLY YOU DIDN'T READ THE ARTICLE!! Dammit why does that post get a 5 - insightful! absurd!

    5. Re:Let me think....NO by jbayes · · Score: 1

      Um...did you read the article? 'Cause your post about people grabbing whatever bandwidth they felt they needed makes no sense. The article proposes limiting bandwidth consumption by financial means, not by "whatever they felt they needed".

      I guess the moderators don't read the articles either...

      --

      "It sure was strange to see something on Usenet about me that didn't involve Klingon gang rape." -- Wil Wheaton

    6. Re:Let me think....NO by SatanicPuppy · · Score: 1

      Oh, actually I did read the article. I just thought it was pretty lame. Fucking libertarians love to say how everything would be better with no regulation, and 99 times out of 100 they're wrong.

      You can't treat the EM spectrum like its a piece of land. There is no good way to take infringement issues to a regular court because, as with tech, most regular courts aren't equipped to understand the issues. Then theres squatting, and hardware standards enforcement, and a hundred other issues which you obviously don't know a fucking thing about, but which the FCC deals with every fucking day.

      It is the ONLY PIECE of GOVERNMENT EQUIPPED TO EVEN FIND PEOPLE DOING TRULY ILLEGAL SHIT. The first thing a policeman would know about it is when someone starts broadcasting on a bleedband, and filling up the police band with Brittiny Spears or some other crap.

      So before you go on a flame rampage, you should take five seconds to think about it.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    7. Re:Let me think....NO by vldmr_krn · · Score: 1

      the chaos that would result from everyone and their mother grabbing whatever bandwidth they felt they needed and filling it up with whatever the hell they felt like putting in it is less palatable still

      From the article:

      What if disputes over spectrum arose? The answer is simple. Whoever owned the rights to that slice of virtual real estate would locate the illicit broadcaster, march into the local courthouse and get a restraining order to pull the plug on the transmitter. Trespass is hardly a new idea, and courts are well-equipped to deal with it.

  11. Uhh by lancomandr · · Score: 5, Insightful

    I understand the points in the article about why the FCC should be abolished and I disagree with the FCC's regulations about content on public broadcasting channels and the like, but who will be there to stop me from playing Eminem on the frequency of the local police department that I love so much? Who will people complain to when their eleven o'clock news is intermittently interrupted by images of the Goatse man ready to go, because I'm driving through suburban neighborhoods with a transmitter in my car? And thats without even bringing the market into consideration... I think the FCC has an important role in the stability of our telecommunications that couldn't be taken up by the market itself simply due to the nature of business. Try putting the FCC on some tigher reins first before getting rid of them completely.

    --

    "Quis custodiet ipsos custodes?"

    1. Re:Uhh by ragefan · · Score: 4, Insightful
      I understand the points in the article about why the FCC should be abolished and I disagree with the FCC's regulations about content on public broadcasting channels and the like, but who will be there to stop me from playing Eminem on the frequency of the local police department that I love so much? Who will people complain to when their eleven o'clock news is intermittently interrupted by images of the Goatse man ready to go, because I'm driving through suburban neighborhoods with a transmitter in my car? And thats without even bringing the market into consideration... I think the FCC has an important role in the stability of our telecommunications that couldn't be taken up by the market itself simply due to the nature of business.

      There is nothing stopping anyone from doing those things now, except for breaking FCC regulations. The point the article was trying to make is that the slices of spectum would be treated just real estate is now, some areas are public ( roads, parks, etc) and others private. If you are illegally broadcasting in a particular spectum then you are trepassing just like if you jumped over a fence into someone's land. These 'titles' for area of the spectum could be bought and sold just like real estate is now.

    2. Re:Uhh by lancomandr · · Score: 1

      And who is going to take the time to track me down? And once they find me, who is going to arrest me? Who will assess all of this? First and foremost, who is going to prevent manufacture of devices like this?

      --

      "Quis custodiet ipsos custodes?"

    3. Re:Uhh by SmurfButcher+Bob · · Score: 4, Interesting

      Good point - but I have to take exception to it, because the implication that the FCC enforces the allocations is false.

      My cohort scored some spectrum in the midwest, and set up a wireless ISP in a mid-sized community. All was fine for a couple months... then he started to suffer outages. Quite literally, a ten mile swath would just fall off the planet over here one day, over there the next.

      Four days later, some "Tony" shows up and offers to consult, and "fix" the outages. My cohort sent him packing, but the guy walked out the door laughing.

      The next day, the outages were back... and the cause was obvious. Cohort finds the center of the outage, and drives there. And lo and behold, there's a van! No driver, but full of equipment, doors locked with the engine running. Cohort writes down the vin and license plate, calls the FCC on the cell phone, and boy... they're rabid about it. Then he told them the name of the consultant, and they instantly shifted to "we'll get back to you."

      He called some counterparts in other areas for suggestions. The "consultant" had visited all of them as well, and they all paid him about 60k / yr EACH for his "consulting". Like my cohort, they'd all called the FCC when he'd first showed up, and like with my cohort, the FCC did nothing, because this "consultant" is a cousin of some mob boss in NY.

      The outages eventually stopped after about half a year, but the damage was done. The business folded.

      So, the FCC has great utility in that they allocate spectrum. OTOH, they are absolutely *useless* because they absolutely refuse to enforce it... and they cannot be held accountable for their lack of dilligence.

      Having authority with no accountability = abuse. They need to go.

      --

      help me i've cloned myself and can't remember which one I am

    4. Re:Uhh by lancomandr · · Score: 1

      Wow, interesting story.

      --

      "Quis custodiet ipsos custodes?"

    5. Re:Uhh by Anonymous Coward · · Score: 0

      Van running with nobody in it and not a sugar packet or a gas cap in sight, huh? :-D

    6. Re:Uhh by That's+Unpossible! · · Score: 1

      And who is going to take the time to track me down?

      First, ask yourself, who will track you down now? Law enforcement, because you're violating federal government laws.

      And once they find me, who is going to arrest me?

      In the argument put forth here, a company owns this 'real estate', and would therefore be the ones to track you down and SUE YOU in court. Not arrest you.

      Who will assess all of this?

      Courts of law.

      First and foremost, who is going to prevent manufacture of devices like this?

      Hopefully manufacturer of devices that can be used to break the law will be legal, so long as those devices have legitimate uses.

      --
      Ironically, the word ironically is often used incorrectly.
    7. Re:Uhh by Nasarius · · Score: 1

      So, after the FCC did nothing, you didn't think to contact the local police? You've got a nice case of extortion right there.

      --
      LOAD "SIG",8,1
    8. Re:Uhh by nick0909 · · Score: 1

      Local police will not touch anything involving the use of airwaves, they will refer you to the FCC. Most people think the FCC is into enforcement so they are happy to dump you on their lap; the FCC says they are into enforcement and take the case, but as this story and my own personal experience has found, they just don't do anything after that.

    9. Re:Uhh by asdfghjklqwertyuiop · · Score: 1


      well, break the van window and destroy the equipment. or at least do something to let this person know that that activity be tolerated. Not like they're anonymous and untraceable.

    10. Re:Uhh by Sosarian · · Score: 1

      And then they decided it might be a nice idea to visit you and break your car up and your kneecaps.

      How fun.

    11. Re:Uhh by Anonymous Coward · · Score: 0

      See, it's soft-spined thinking like yours that keeps these extortionists in business. The solution to the problem is simple: you offer some street gangster $1000 to anonymously beat the crap out of the guy to within an inch of his life. Make sure you break his legs and possibly blind him. The guy will be out of commission for a while. In the meantime, you don't have to worry about him. Because no one knows who did it, there's no one to retaliate against.

      That assumes that you're willing to stoop to the same playing field. But I figure that when some guy tries to take food off my table, all bets are off. God help him if he even considers touching me. I'd probably kill him. That may seem harsh to some of you, but that's the way I grew up. The world isn't all roses.

    12. Re:Uhh by Jeff+DeMaagd · · Score: 1

      If they think they know who did it, don't you think they'd go after him/her?

      Remember, this is the mob. If extortion isn't a problem, property damage probably isn't that much of a problem either.

    13. Re:Uhh by Anonymous Coward · · Score: 2, Insightful
      I call bullshit.

      I've seen an FCC raid on an illegal transmitter go down, and trust me, it's no "let's go have a look around here" local cop investigation. They call in the FBI. When they call the FBI, the FBI storms in with a tactical assault team to take it down. It's fast, it's overwhelming, and more than anything, it's over and done before any of the average people in the street even know it started. The FCC guys stand in the background watching as if it's circus act while the FBI removes the problem.

      The "common knowledge" about the FBI is true. The FBI fuckin' hates the mob. If the FCC called the FBI with a mob protection racket based on an illegal transmitter, the entire local FBI field office would be running around with wood.

      IF your story is true and your friend didn't call BOTH the FCC AND the FBI, maybe your buddy isn't very competent, or didn't describe his problem in a way that motivates anyone to want to help him.

      One believable word about 'mob extortion' and the FBI is in there with the FCC, and your problem is over.

      But I still don't believe your story.

    14. Re:Uhh by keraneuology · · Score: 3, Insightful
      So, the FCC has great utility in that they allocate spectrum. OTOH, they are absolutely *useless* because they absolutely refuse to enforce it

      The enforcement actions taken by the FCC are frequent and part of the public record. Want to modify your two-way and transmit across the entire 10m band? $10,000 fine. Local cable company won't plug a leak that is blocking local Skywarn, RACES and EOC traffic? The FCC enforcement guys will take on the most powerful corporations in the US - and will win.

      The FCC is the domestic agency charged with enforcing the international laws that prevents Canada from jamming all of the radio stations in Seattle with local farm reports and Swatch from beaming ads for Beat Time 24/7 from an orbiting satellite in the middle of the recreational bands.

      The Internet is nifty, but amateur radio operators still handle large amounts of emergency traffic - during the big blackout last year the hams around here helped coordinate the evacuation of a hospital that had a burning emergency generator. During major earthquakes and hurricanes international cooperation and the FCC makes sure that the needs of the affected are taken care of and that some trucking company can't jam the signals.

      http://www.fcc.gov/eb/FieldNotices/ provides public access to field citations, NALs and NOVs (Notice of Violation) and (Notice of Apparent Liability). People like McCullagh know nothing of the FCCs activities beyond the front page or the financial section: they don't care much that some boat in Hawaii turned on their emergency transmitting beacon and left it on while docked, and I'm sure he thinks that the local police will care if the TV tower's anti-plane-crash beacon lights are burned out.

      While - like everything else in government - there are massive imperfections, McCullagh simply doesn't have a clue and isn't thinking beyond immediate shareholder returns. Under his plan Clearchannel would be allowed to own 88MHz through 108MHz coast to coast - improving competition and public choice, right?

      --
      If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
    15. Re:Uhh by Chanc_Gorkon · · Score: 1

      And both you and your cohort know nothing about the way 802.11b/g and anything else in the 2.4 GHz band is setup. I would say a good percentage of this band is unlicensed and the onloy thing the FCC will do is prevent Linksys from making a AP with a 50 watt amp. This does not prevent you or some other ass munch from making one. 90 percent of the 2.4 GHz band is for unlicensed operation (you don't need a license for your WiFi or your cordless phone do you?). The FCC has more to protect then your cohorts piddly little WISP. That said, your cohort did the right thing here and even though he's currently being harassed, it may not continue for very long. Your friend has evidence, but the FCC needs to collect it's own evidence as well if it has any hope of prosecuting the guy. The government can't just come and prosecute the guy because you said he's breaking the law. They have to build a case and your report is just a notification. 2 years later, they may come and get the guy.

      --

      Gorkman

    16. Re:Uhh by Anonymous Coward · · Score: 0

      You don't get how the mob works, do you...first they hook up with buddies in law enforcement, then they pull off this kinda shit. He might have had better luck if he'd called the FBI himself, but it sounds like somebody in the FCC was well aware of what was going on, and either intimidated or on the take.

    17. Re:Uhh by Anonymous Coward · · Score: 0
      offer some street gangster $1000

      at which point, if the street gangster is smart he goes to the mob guys and tells them what happened, gaining the appreciation of the mob which is a valuable asset in the street gangster business, and the mob guys come pay you a little visit. Instead of a street gangster, you might be better off with a nice anonymous sniper rifle. Don't have to kill the guys, just put a .338 through the engine block and they'll probably get the message.

    18. Re:Uhh by Anonymous Coward · · Score: 0

      there is a simple solution to things like that.

      bolt cutters and lots of straight pins.

      if you clip all those antennas, the equipment will fry it's self.

      simpler solution is to hire a druggie punk to smash the window and steal the van for you.

      I have pinned many a coax getting asshat CB'ers off the air that were messing with FAA radio channels and clipping the antennas also works, but the best is giving a crackhead $100.00 to steal the car/truck and take it to a chop shop.

      solves the problems quickly and nicely.

    19. Re:Uhh by SmurfButcher+Bob · · Score: 0, Flamebait

      What you claim would be true if the band was 2.4.

      It wasn't, you arrogant ass.

      --

      help me i've cloned myself and can't remember which one I am

    20. Re:Uhh by Anonymous Coward · · Score: 0


      > Having authority with no accountability = abuse. They need to go.

      I am sorry, how does that follow. Would it not be better to simply (ok, it wouldn't be so simple, but easier than removal) add accountability to the equation?

    21. Re:Uhh by Rich0 · · Score: 1

      If there is one thing to understand about the mob, it is that they're better at committing crimes than you are.

      If you have half a brain you'll just call the FCC and leave it at that. You're better off going out of business than trying to tangle with the mob on your own unless you're Spider Man or something like that...

    22. Re:Uhh by Anonymous Coward · · Score: 0

      50 watts at 2.4 GHz is a good way to do serious damange to your person.

    23. Re:Uhh by npsimons · · Score: 1

      The next day, the outages were back... and the cause was obvious. Cohort finds the center of the outage, and drives there. And lo and behold, there's a van! No driver, but full of equipment, doors locked with the engine running. Cohort writes down the vin and license plate, calls the FCC on the cell phone, and boy... they're rabid about it. Then he told them the name of the consultant, and they instantly shifted to "we'll get back to you."

      One word: C4. Haven't found a van yet that can withstand it.
    24. Re:Uhh by Asterisk · · Score: 1
      And who is going to take the time to track me down? And once they find me, who is going to arrest me? Who will assess all of this? First and foremost, who is going to prevent manufacture of devices like this?
      And who's going to do all of this now?

      You certainly have the capacity to interfere with your local police band now, but in doing so, you'd be violating FCC regulations.

      Under a common-law approach to radio frequencies, the police dpeartment would own that frequency, and by broadcasting over it, you'd still be breaking the law. Except in this case, the police could take direct action to stop your illegal broadcasting, whereas in the current circumstances, they'd have to ask the FCC to stop you.

      Under a common-law approch people would be able to protect their own frequencies, so it would actually make illegal broadcasting more difficult. On the other hand, you wouldn't have anyone cracking down on unlicensed brodcasting that doesn't actually interfere with legitimate uses of the frequencies in question, as the FCC does now. So it'd be a win-win situation for everyone involved.
    25. Re:Uhh by CKW · · Score: 1

      You're like my idiot friend that thinks the Mafia runs *everything* in Canada, and the ENTIRE federal government is on the take, and ALL the city cops under the age of 35 do nothing but hunt for traffic violators, and ALL the cops over 35 are on the take and sitting on their ass putting protection money into fat accounts for their retirement.

      This despite the fact that we *all* know tons of friends and family that work in the federal and provincial governments whose personal reputations are spotless and the first people in the world that we would expect to be raising hell in the name of justice, and friends and family who work in law enforcement who are fine outstanding citizens and diligent in their jobs. This despite all of us working in a variety of industries, have never once come across a case of corporate corruption. Incompetence maybe, corruption, no.

      But oohhh no, according to some people, the Mafia runs everything and everyone not in the Mafia is on the take.

      Maybe this was true 150 years ago (descriptions of city corruption from that era are like reading books about another world). But we've done a damn good job ridding our world of the types of corruption which infest non-western nations like Russia and the far-east. And almost any time a bad-apple comes into view, we smite them.

    26. Re:Uhh by Anonymous Coward · · Score: 0
      Quite literally, a ten mile swath would just fall off the planet
      How can you blame the FCC? I wouldn't want to mess with a guy who could make that happen either!
    27. Re:Uhh by Anonymous Coward · · Score: 0

      Simple solution, just torch the van.

    28. Re:Uhh by bluGill · · Score: 1

      If it is true, which I kinda doubt.

    29. Re:Uhh by bluGill · · Score: 1

      If this is true, (others have covered my questions well enough) Call the media. There is nothing a reporter loves more than a story about corrupt government. It might take a few months, but to reporters your story smells like a Pulitzer prize, and they will rush to take it.

      If it is true, which I kinda doubt.

      P.S. Sorry for the above, I don't know how I lost most of this message just before I hit submit.

    30. Re:Uhh by tgrigsby · · Score: 1

      To hell with that. You call the police, you file a complaint. You send the story to the local paper. You call the TV stations. One thing the mob does not handle well is attention.

      And once you've gotten some attention, the next time you find that van, break the window, throw a little gasoline in, toss in a match. Bing, bang, no more van. And no one is going to touch you because now you're in the public eye.

      --
      *** *** You're just jealous 'cause the voices talk to me... ***
  12. Do it! by Anonymous Coward · · Score: 2, Insightful

    Yeah, kill the FCC. That way I'll be able to snoop in on cell phone calls, broadcast on fire/police/air traffic/air plane/military/government/commercial(e.g. commercial FM and AM stations) frequencies, and setup a general access 50,000 watt AM station so people can hear my blane view of life. Yeah, kill the FCC, good idea!!

  13. Only a fraction of what the FCC does is useful by conradp · · Score: 2, Interesting

    Sure, until frequency-hopping radios and TVs are perfected and commonplace, we probably still need someone to decide what transmission frequencies to use for what purposes.

    But the FCC is an overgrown bureaucracy that does much, much more than that. Better to ditch the FCC and establish a new, small body to allocate spectrum than to continue to feed this enormous beast that by-and-large does more harm than good.

    --
    "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
    1. Re:Only a fraction of what the FCC does is useful by Zareste · · Score: 1

      There's an excellent idea. Most others are saying 'let's continue taking it up the rear from them and letting the FCC control what we're allowed to say because they regulate radio waves.' Apparently they think that if you destroy a corrupt monster of an organization, then there's no way to replace it, and everything goes out of control and blows up and the whole world goes to Hell in an apocalyptic 'you can't breath without us' fashion.

      The other problem: The government wouldn't want to lose its grip on communications and speech, so you won't get much help from politicians in replacing the FCC, unless you came up with an organization that could take an even more strict control over what people say.

      Guess it's just another David-and-Goliath fight that'll continue for years to come.

      --
      I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
    2. Re:Only a fraction of what the FCC does is useful by pla · · Score: 1

      But the FCC is an overgrown bureaucracy that does much, much more than that. Better to ditch the FCC and establish a new, small body to allocate spectrum than to continue to feed this enormous beast that by-and-large does more harm than good.

      Thank you! Most insightful comment in this entire topic, so far.

      Fairly allocating spectrum, and going after those who violate such allocations, serves the greater good. It means quite a few of the RF-carried services we depend on (not just TV and broadcast radio, but also police/emergency comms, cell phones, shortwave, 802.11, etc) continue to work well.

      Selling blocks of spectrum to the highest bidder... Well, that I consider a tad less kosher, but offhand I can't suggest a better way to do it under a capitalist economic system.

      But content filtering (ie, censorship)? Absolutely not. The government has no role playing around with morality. If the "community standards" the FCC claims to play by really applied, any so-called "offensive" broadcasters would cease to exist as a simple matter of economics. The FCC has very neatly circumvented both the letter and the intent of the first amendment (and to a lesser degree, the fourth through eigth inclusive, thanks to their purely unilateral process of imposing sanctions entirely separate from the normal US legal system). With the FCC acting as a government agency, I find that entirely unacceptable - Nothing less than an end-run around our basic legal rights in the US.

      So, I agree with you completely. Trim them back to only allocation and enforcement thereof (preferably via the US courts rather than as an effectively private police force), and chuck the rest.

  14. Separation of powers... by LostCluster · · Score: 5, Interesting

    The FCC is a division of the executive branch of the US Government, which means its job is not to make laws, but to enforce and administer laws passed by the legislative branch.

    FCC rules come in when the law doesn't make a definitive instruction, but tells the FCC to use its rulemaking process to make the call, and review its own decision periodically.

    The FCC only has the powers Congress gives it. If you don't like what they're doing with it, tell Congress to change the law to override their mistake.

    1. Re:Separation of powers... by conradp · · Score: 5, Interesting
      The FCC only has the powers Congress gives it. If you don't like what they're doing with it, tell Congress to change the law to override their mistake.

      And that's exactly what we're doing here, expressing our opinion that Congress should change the law to override the mistake of creating an FCC. Or at least to correct the anachronism that is the FCC.

      It doesn't take $300 million a year to allocate spectrum, the current activities of the FCC go way beyond that; like any bureaucracy, it's main interest lies in expanding its power.
      --
      "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
    2. Re:Separation of powers... by Anonym1ty · · Score: 1

      The FCC does more than just work as a frequency registrar

  15. Your ideas intrigue me... by Anonymous Coward · · Score: 0

    Where might I be able to purchase this Goatse transmitter?

    1. Re:Your ideas intrigue me... by lancomandr · · Score: 1

      If the FCC were abolished, you could buy it at your local Radioshack. This is why we can't just throw them out the window.

      --

      "Quis custodiet ipsos custodes?"

    2. Re:Your ideas intrigue me... by packeteer · · Score: 1

      If the FCC were abolished it would be the end to world hunger. Why don't you get a job and take a bath you dirty hippy. The FCC is one of the worst things about our country, it holds back our free-market economy that you seem to enjoy so much with your commodities such as eminem cd's!

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
  16. the spectrum is a scarce resource by ChipMonk · · Score: 4, Insightful

    The RF spectrum is truly a pie, and the slices are handed out by a central body. Since the spectrum is an interstate resource, it properly falls under federal (and, by treaty extension, international) jurisdiction. Without the FCC, enforcement of spectrum allocations would be left to other bodies that already don't have the resources to understand things like Internet crime.

    OTOH, when it comes to things like content regulation...

    1. Re:the spectrum is a scarce resource by Doppler00 · · Score: 3, Insightful

      The spectrum is only a scarce resource because it's used so very, very, inefficiently. Often, there is just one omni-directional broadcast antenna occuppying a certain frequency covering several miles, which may only be used by a few people. For example, CB frequencies waste lots of spectrum, and most of the time the channels are empty until someone actually talks on one of the channels.

      If the majority of wireless transmittions were required to be digital, that would significantly reduce wasted spectrum. Also, wireless devices should be able to automatically hop to available frequencies instead of allocatting them to begin with.

    2. Re:the spectrum is a scarce resource by CA_Jim · · Score: 1

      And people will just love to buy new cell phones to replace their existing $200-300 phones will be happy to do this. Every car radio, clockradio, CB needs to replaced. Can't wait to here the new argument over "Digital Divide" between the rich and poor when this happens.

    3. Re:the spectrum is a scarce resource by h2odragon · · Score: 1
      "were required to be digital" ... and frequency hopping.

      So what you're saying is that, instead of having ubiquitous, $5 walky talkie type handheld radios, wireless communication should be restricted to those able to afford hundreds or thousands of dollars of delicate, cutting edge technology.

      ... you're a HAM, aren't you?

    4. Re:the spectrum is a scarce resource by That's+Unpossible! · · Score: 1

      Without the FCC, enforcement of spectrum allocations would be left to other bodies that already don't have the resources to understand things like Internet crime.

      No, they would be left to the companies being affected by whatever misuse is worth reporting to the FCC now. Those companies would have a vested interest (presumably) in protecting their 'real estate', and would sue you for trespassing on their property. The market is far better at regulating than a government body. Case in point: everything ever done in history.

      --
      Ironically, the word ironically is often used incorrectly.
    5. Re:the spectrum is a scarce resource by nick0909 · · Score: 2, Interesting

      CB wastes spectrum? It is less than one half of one MHz. If you want to talk about wasted spectrum just by the size than broadcast TV is a waste. 75 channels at 6MHz each is 450MHz slotted for TV, and they are not all in use all around each other so most sit 100% idle. At least CB activity can pop up all over on all channels. The military has a monstrous chunk from about 200-400MHz that is a wasteland for everyone else. Should they have that much? Probably, they do a lot of wild stuff with it. Should I be able to step into their area because I don't seem to be hearing them at the moment? Probably not.

      Digital communications does not make things use less bandwidth. The USFS just went narrowband this year on all their radios, but it is still analog voice. They are trying to lead by example. Digital is just a buzzword people use to make it sound like it is important and should get money.

      Point to point (microwave style) communications is very easy because it takes low power and directional antennas so the signals don't mix. That is great for linking towers but try to operate a police force or other geographically diverse group with directional antennas. While extremely high-level and high-power repeater stations might not be the best answer, extremely small and lower power doesn't work well either. Spectrum IS scarce because there are only so many frequencies that will work for omni-directional area communications like so many public service and businesses want. Take out the 450MHz from TV and the 200MHz for military [(1000-150)-(450+200)] and you get about 200MHz of usable frequencies left over for everything else that people require in an omni-style broadcast. Cell phones, public service, business, fun, most of it all has to fit in there.

      Hopping frequencies is great until one transceiver breaks the rules (either on accident or maliciously) and screws it for everyone else, who have no idea what is going on or who is the cause of it. Right now the breaks in the frequencies force people to stay out of each others areas. Amateurs have a chunk of "land" to screw around with because if they make a dirty-bomb of a transmitter it only screws up other amateurs nearby and not your local fire/medical dispatch centers.

    6. Re:the spectrum is a scarce resource by Doppler00 · · Score: 1

      delicate cutting edge technology? Embedded microprocessors are already found in billions of devices. Adding them to a walky talkie to process digital signals would be a trivial cost to the manufacturer. Why should we keep walky talkies at $5/each when the spetrum they use is worth so much more than that?

    7. Re:the spectrum is a scarce resource by bigberk · · Score: 1
      The RF spectrum is truly a pie, and the slices are handed out by a central body
      Definitely, the RF spectrum is a scarce resource. So isn't it weird how the government lets a small number of large companies own immense portions of this pie? I'm talking AM/FM radio here. Flip around your dial, and see how many stations you find that aren't owned by a large national like Clear Channel.

    8. Re:the spectrum is a scarce resource by Doppler00 · · Score: 1

      how many people who have owned cellphones over the years _haven't_ bought new ones? I'm at my 4th cellphone in 5 or so years, and I don't even upgrade as often as most people I know.

    9. Re:the spectrum is a scarce resource by Doppler00 · · Score: 1

      Digital communications does not make things use less bandwidth. The USFS just went narrowband this year on all their radios, but it is still analog voice. They are trying to lead by example. Digital is just a buzzword people use to make it sound like it is important and should get money.

      Yes, digital is a buzzword, but what is usually meant is that you can digitally encode and compress voice/music/video so it makes much, much more efficient use of the existing spectrum. You also benefit from error correction algorithms which can eliminate noise that would be impossible to do with live analog signals.

    10. Re:the spectrum is a scarce resource by ChipMonk · · Score: 1

      How does that take into account shortwave radio? Remote control airplanes? Ship-to-shore? By your logic, the big fish eats the small fish, and the entire spectrum ends up owned by Clear Channel, rather than simply medium-wave and FM.

    11. Re:the spectrum is a scarce resource by ChipMonk · · Score: 1

      The spectrum-pie includes a lot more than AM, FM, and TV. How about shortwave? Longwave? 802.11b? Remote control toys? Citizens-band radio? Medium-wave (AM) and FM are only tiny slices of the pie.

    12. Re:the spectrum is a scarce resource by nick0909 · · Score: 1

      Digital can do wonders getting things narrowband, but the USFS narrowband setup is just as narrow as digital. Some say the digital (APCO P.25 specifically) sounds better after its slight compression, others say it sounds worse. I think it is just what you get used to. The main complaint I hear now is if there is a transmission that would be in the mud in analog mode it is completely lost with digital. The signal is either there to decode or it is not with digital, where at least with analog you would get bursts of noise, even if it was not understandable. In some lines of work (like my area of comms: law enforcement) that bit of noise getting out can be enough to summon help or not. There is also a delay with digial that is hard to get used to, and increases the occurances of people talking over eachother, which is inefficient use of the bandwidth.

      Digital will get better but costs a ton ($1500 per radio isn't hard to do), but just taking every available analog channel and going narrow analog would effectivly double the "channels" to use while keeping costs low, which appeals to a lot of places, especially California right about now.

    13. Re:the spectrum is a scarce resource by ChipMonk · · Score: 1

      I'm on my second cell phone in four years, and the one I have now is four years old (Motorola StarTAC, obtained, not bought, when I took over the account from my brother). I intend to keep using it until it no longer works, period. Judging by how well it still works, that will be when CDMA is abandoned for something better.

    14. Re:the spectrum is a scarce resource by ehanneken · · Score: 1

      Land, shoes, cars, strawberries, and every person's time are scarce resources. That doesn't mean the best way to manage them is to set up a bureacracy in Washington, D.C. to dole them out and regulate their use.

    15. Re:the spectrum is a scarce resource by ChipMonk · · Score: 1

      Except that:

      1. Land is what we use to define the borders. The radio spectrum doesn't suddenly shift when you cross a state line. We do have federal requirements for how land is parceled and managed. And cars are definitely managed to some degree by the federal government. Look at mileage requirements and pollution controls.

      2. How much of your time goes to pay taxes?

      3. Everything else you named (shoes, cars, strawberries) is either renewable or reclaimable. The EM spectrum is not, except by legal fiat.

    16. Re:the spectrum is a scarce resource by Anonymous Coward · · Score: 0

      Mmmmm, spectrum.... <drool>

    17. Re:the spectrum is a scarce resource by macmouse · · Score: 1

      >Digital communications does not make things use less bandwidth.

      It depends on what *kind* of digital communications.
      Using a trunk radio type of system, across giant chunks of the band would alleviate the space problem.

      [current system]
      Lets say there are 10 radio channels. The current system is, 1 channel (or more) for each organization.
      So say Police gets #1, Fire gets #2, Medical get #3,etc
      Thus, you are limited in practice to only have 10 organizations being able to have radio's.
      This includes companies, which you cal sell channels to.
      Some could probably share the frequency, taking turns manually (or using tones) but its not that efficient.

      I am station A, and want to talk to station B. I have to somehow before hand agree on a channel and/or time to talk on.
      This is rather inconvenant, so you just dedicate one channel to each organisation and monitor all the time.

      Otherwise, you have to kill time with finding though hundreds of channels', calling out hoping he may find you (a *lot* of work.

      [Proper, digital system I.E. trunk]
      Nows lets say, you went to a proper digital system. I.E. A trunk radio.
      On channel 1* there is a "net control" computer.

      Both of our radios are on a "group" channel number, which points to each others radio. Our radios by default listen on channel 1. When I press the transmit button, my radio sends a data packet to the net control, asking for a channel to operate on. This is done in a fraction of a second, mind you. The computer then assigns a open frequency/channel, and "orders" both of our radios to switch to it. The moment Station A is done transmitting, both switch back to the main frequency thus freeing up the channel they were using. Although for convenience, they probably would re-use the same channel for further responses, but it is just as easy to switch channels each time there is a transmission.

      This can allow in practice considerably more organizations use of the band. For the most part, not all of them are talking at the same time. So taking advantage of this more people can be "crammed" in. The same idea is in use with telephone/cell phone systems. As you can imagine, this would be a problem if more then 10 people wanted to talk at the same time. However, this is taking advantage of the probability that not everyone will not talk at the same time (as phone/cell/dsl companies do all the time).Easily, over 200 organizations could be signed up without having to worry about stepping on each others toes. Likely, over 1,000 org's would not be unreasonable to live with. With additional channels available, the ratio of channelsorganizations can increase, because the probability of all more use simultaneously decreases.

      This is ignoring entirely the possible benefit of digital transmission methods with compression,etc. This could also allow for even more simultaneous conversations (not just organizations), with radios transmitting your audio for a fraction of a second, letting another radio go ahead, and then switching back. So quickly, that it sounds like a continuous transmission to a normal person. Then, add switching between channels in realtime with this, could increase the possibility of simultaneous conversations considerably. Conservatively Perhaps, from 10 to 50? If using a pure data like 802.11b at 11Mbps, you could probably have over 200 simultaneous conversations! With the even more advanced systems (802.11g at 54mbps) this could be even further.

      That isn't to say, everything is perfect. However, its pretty darn close.
      So what is the primary downside? There are relatively minor.
      The only Primary concern is if there is a major disaster.
      In which case, isn't really necessary to the general public only emergency personnel.

      1) If the net-control station falls out of service for some reason. Although there can certainly be multiple backups of these stations. Obviously, if there is a earthquake/fire and it takes out the tower, thats it cowboy.

  17. WTF? by xanadu-xtroot.com · · Score: 2, Insightful

    Change the staion!

    I fyou don't like what you hear or see, turn the damn thing off! It's really simple.

    --
    I'm not a prophet or a stone-age man,
    I'm just a mortal with potential of a super man.
    1. Re:WTF? by iphayd · · Score: 1

      But that still does not block Janet Jackson's breast from corrupting our thoughts as it passes through our brains in the form of radio waves.

  18. FCC, necessary? by Raindance · · Score: 1

    I don't believe the FCC is 'necessary' and "it's purpose is well defined and one not easily replaced [sic]".

    Many modern theorists (Lessig, et all) have said that we should either let the market handle spectrum or we 'free' spectrum; you could see it as a liberal vs conservative issue, whatever. *However*, the FCC is following neither plan- it's essentially taking bribes from large corporations of the past to *selectively* assign or sell spectrum.

    The FCC is basically a mixed-up, directionless entity, as either of the two best ways of allocating spectrum allow only a very minor regulatory agency compared to the current situation. It'll do whatever it can to keep its power. And that's pretty bad.

    RD

  19. Yes by ArchieBunker · · Score: 3, Insightful

    When did the FCC go from making sure your transmitter was operating properly to fining people for saying words they find "indecent"? It boggles the mind at how Janet Jackson flashing a nipple on tv gets Howard Stern thrown off the radio.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  20. Answer: by radd0 · · Score: 1

    No.

  21. International issues by HotNeedleOfInquiry · · Score: 4, Interesting

    The frequencies under 30Mhz can be heard and can interfere beyond country boundaries. These frequencies are coordinated by international treaties. A fine way for the United States (of which I am a citizen) to find yet another way to piss off the rest of the world would be to ignore the enforcement of these treaties by disbanding the FCC.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:International issues by davejenkins · · Score: 2, Insightful

      A fine way for the United States (of which I am a citizen) to find yet another way to piss off the rest of the world would be to ignore the enforcement of these treaties by disbanding the FCC

      I`m sorry, but I do not see how the two issues are linked. If the FCC were disbanded (sooner the better), then why would that interfere or break international treaties? Private owners of spectrum slices would have to comply with international treaties or face legal suits or repercussions, just as a private oil tanker that tresspasses in Spanish waters faces suit/impoundment by the Spaniards. Tresspassing is tresspassing, as the article rightly points out-- and t he courts/judiciary are well equiped to handle.

    2. Re:International issues by ONOIML8 · · Score: 1

      It's actually worse than that. I deal mostly with frequencies up to around 500 MHz and even that crosses international borders. Everything I do must be approved by both the FCC and Canada.

      Yeah, we would be real popular with the anarchy that would come from lack of regulation.

      --
      . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
  22. Did any of the previous posters RTFA? by 3)+profit!!! · · Score: 2, Informative

    The article says:
    "Once the standard parcels are defined, they can be sold to the highest bidders," Huber writes. "To keep for how long? Forever. Just like land." If just one UHF (ultrahigh frequency) television station in Los Angeles were permitted to transfer its spectrum to a third cellular provider, Huber estimates, "the overall public gain would be about $1 billion, or so the government itself estimated in 1992." Wireless technologies would be huge winners, if the spectrum were privatized.

    I'm not sure how well this would work; we'd need new legislation to make sure one wealthy person wasn't hogging a large slice of the spectrum. And it probably would result in temporary anarchy as different private owners grabbed different sections of the spectrum. I still think it's a bad idea overall; the FCC needs some sort of reforming, but this is not the way to do it.

    1. Re:Did any of the previous posters RTFA? by jlaxson · · Score: 1

      I agree. If the wireless spectrum were purely commercial, perhaps such a economics-based solution would work. But, who will steward public service spectrum? Who will ensure that potentially-sensitive devices (such as TVs and Telephones) remain reasonable interference-free? Further, what if my small wireless internet company suddenly starts getting interfered upon by some giant such as Microsoft? Can I really go to a court and get a restraining order, or will Microsoft stall and delay for 3 years, meanwhile my wireless spectrum is useless and my company goes broke because no one can use the service? Another thought to consider: Certain parts of the spectrum have no propagation outside of ground-wave and line of sight. Thus, it is a huge waste to purchase 1mhz of spectrum at 900Mhz and have it be unavailable to the rest of the country. Someone in each city could purchase the same bit of spectrum, without any likely bit of interference. But, who decides what the legal separation must be, and what to do if said separation is violated?

      --
      On Apple Input Peripherals: They're okay, I guess, but I was really hoping for a one-key keyboard and a 109-button mouse
  23. FCC should stop censorship by dartmouth05 · · Score: 5, Insightful
    I am not qualified to comment on Declan's points about whether the FCC should be dissolved entirely--I don't know a great deal about frequency interference and the like--but I do believe that the FCC should get out of the censorship business.

    Since Howard Stern seems to be a popular example of FCC regulation of content, I'll touch on that. While Howard Stern's show is offensive to many and has been so for many years, he has a huge following. He is popular, people tune in to listen. If what he is doing is sufficiently distasteful, ratings will fall and he'll get kicked off the air by the radio stations. This is not an area in which the Government should be dictating what is on the air.

    Yes--it's the public's airwaves and all, but hey--the public is listening to it! The public likes it! Not everyone to be sure, but this isn't some guy who broke into a radio station and started shouting obscenities into a microphone. There is substance here, and the Government should not be interfering.

    Radio and TV is an area where the free market of ideas should reign. We have V-chips and similar technology to stop your kids from seeing what you don't want them to see. (Without even mentioning that the best. and most appropiate method is to watch TV with them instead of using it as a babysitter).

    Again, I can't speak to Declan's main point, as to whether or not the entire FCC should be abolished, but I'd certainly like to see that happen to the division that enforces broadcasting standards...

    1. Re:FCC should stop censorship by gad_zuki! · · Score: 1, Troll

      > He is popular, people tune in to listen.

      There are simply too many Americans who would rather be told what to think from their religious leaders. They have no love of democracy and see it as a threat. Its these people Powell and the GOP have to bow down to or lose the "Jesus vote."

      Its politics first, policy second with these people.

      I can't wait for Bush to lose so we can have some sane government.

    2. Re:FCC should stop censorship by YrWrstNtmr · · Score: 1

      Radio and TV is an area where the free market of ideas should reign. We have V-chips and similar technology to stop your kids from seeing what you don't want them to see. (Without even mentioning that the best. and most appropiate method is to watch TV with them instead of using it as a babysitter).

      Up to a point. The free market (advertising, radio and TV) has shown, time and time again, that they will push the limits to gain market share. Anything that causes controvery, tongues wagging, etc, is fair game. As we saw with Janet J.
      First, we have a boob exposed for a few seconds during a nationally televised 'family' show. In search of more, next year we'd have Madonna, Britney, or Christina will do a full topless show. A year or so later, we get J. Lo and Mark A. conceiving their first child in full color closeup during the 2008 Olymipcs. After that, again in search of ratings...we'll have Mr. McFeely living up to his name with the Goatse guy and tubgirl on Mr. Rogers.

      There is nothing wrong with sex, naked bodies, whatever, on TV. Just not anywhere and everywhere. Parents need some expectation of what is going to be shown. Even when they're sitting right there with the kid watching. That's what bothered a LOT of people about the Superbowl. Not the saggy boob, but the expectation of NOT seeing said boob during a supposed family show.

    3. Re:FCC should stop censorship by Anonymous Coward · · Score: 0

      Maybe a ratings system for radio and television channels could be implemented. Like the way parents know not to let their kids watch R rated movies, maybe there could be "Adult" rated radio stations. By adult I don't mean X rated or that everything on the station will be adult in nature, just that "sometimes there might be dirty words and sometimes there might be tits, so deal with it." And have some way the adult content is digitally identified so that radios or TVs can be programmed to skip these stations.

    4. Re:FCC should stop censorship by Evil+Adrian · · Score: 2, Insightful

      There's also too many Americans, like you, that will give the Left whatever they want just because you think the Right is so EVIL. Before you forget, let me remind you -- the Democrats historically attack First and Second amendment rights.

      The GOP does some things right, and the Democrats do some things right. The way you're talking, though, you sound just as bad as the "Jesus vote", blindly jumping on the "Bush does everything wrong" bandwagon. Hey, I guess you'd better stop breathing, since Bush does that too.

      Ugh.

      (PS: Not a Republican. Independent.)

      --
      evil adrian
    5. Re:FCC should stop censorship by mabhatter654 · · Score: 1

      That's what internet and cable is for....so that part is covered!

    6. Re:FCC should stop censorship by Wordsmith · · Score: 1

      And if people are watching it ... enough people for it to make money ... who are the rest of us to stop it? All I'd do is abstain from watching it, and maybe bitch and moan a little about how we live in a society absurd enough to crave it.

      In reaction to the superbowl incident, most major live broadcasts stepped up their tape delays - because that's what the market demanded. People watching supposedly family-safe shows wanted some expectation they're actually watching family-safe shows.

    7. Re:FCC should stop censorship by YrWrstNtmr · · Score: 1

      By default, people pretty much know what is going to happen on any particular show. The Sopranos, Sex in the City, Jerry Springer, etc, etc.
      "Due to the graphic nature of this program...."

      Should the Superbowl have had an R rating?

      In the US, there is a pretty clear line between broadcast and cable, and different times of day. Remove the controlling hand of the FCC, and those lines disappear, leaving what shows on the box to be completely dictated and controlled by the advertisers.

      Eventually, people would bitch enough that the pendulum would swing the other way, but the damage would have already been done.

    8. Re:FCC should stop censorship by Methuseus · · Score: 1

      I'd say Bush has done quite a bit wrong. You are as bad as him, assuming he hates Bush for being Bush. He may hate Bush for his actions and policies. Or are you saying that that is wrong, too?

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    9. Re:FCC should stop censorship by Anonymous Coward · · Score: 0

      not to mention that Clinton basically abolished the right to require a warrant before searching ones home, especially if you live in public housing.

    10. Re:FCC should stop censorship by Anonymous Coward · · Score: 0

      Maybe the Superbowl could have an R rating on one channel and a G rating on another. And then the viewer would choose which channel he prefers to watch the superbowl on.

      For example in an R rated NBA broadcast the channel wouldnt be afraid to show the cheerleaders shaking their ass during the halftime show. There must be some conspiracy among these channels that show NBA basketball because they never show the cheerleaders. Never ever. The G rated channel would show the usual wide angle shots of the arena roof and sweaty men returning to the locker room.

    11. Re:FCC should stop censorship by Anonymous Coward · · Score: 0

      Are you sure thats what the market demanded or what the FCC demanded? There were some incredibly high fines given out by the FCC. We can't know what the market demanded with the FCC making threats of revoking companies licence to broadcast.

    12. Re:FCC should stop censorship by Rasvar · · Score: 1

      I can't wait for Bush to lose so we can have some sane government.

      If you think John Kerry is going to change anything on that, you should look at this.

    13. Re:FCC should stop censorship by Chanc_Gorkon · · Score: 1

      The FCC did not pull Howard, last I checked. First, Clear Channel pulled them for fear (maybe irrational fear) that the FCC may fine them. The FCC also has to try to make everyone happy and I am sorry, but that's what they are trying to do. As you know, you can't do this. The FCC has not DONE anything yet, but said please, restrain your bosom, buttocks, your frontal area and your mouth when on a NATIONAL forum and if ya don't, we'll charge out the ass for it. Like it or not, the FCC has to do this. You want to swear? Do it on cable. Like it or not, a mom does not and should not have to explain to a child why that man was ripping that bra cup off when they happen to catch the action while channel surfing.

      In my opinion, the more dangerous thing is already starting to happen. During the filming of the MTV Movie Awards, Eminem mooned the crowd and now MTV is censoring this. I ask MTV(nee Viacom) why? Your on CABLE. My house NEVER watches MTV BECAUSE of the inane and crude things that happen there so MOON AWAY! I won't see it! What happens when OTHER things get censored on cable? THAT is my concern.

      --

      Gorkman

    14. Re:FCC should stop censorship by Nafai7 · · Score: 1
      I can't wait for Bush to lose so we can have some sane government.
      When I first saw this I read it as "I can't wait for Bush to lose so we can have the same government.", which would have been funny and insightful.
    15. Re:FCC should stop censorship by Anonymous Coward · · Score: 0

      Oh yeah, compared to the Patriot act, that matters.

  24. No FCC? by HockeyPuck · · Score: 5, Insightful

    Get rid of the FCC....?

    Welcome our new master... Clearchannel...

    1. Re:No FCC? by LostCluster · · Score: 1

      Get rid of the FCC....?

      Welcome our new master... Clearchannel...


      As much as the government has loosened the ownership caps over recent years, they still exist and companies like ClearChannel and Viacom own just about as many stations as they're allowed to own in certain areas.

      If those ownership caps were to no longer exist, we'd likely see the marketplace force us down to just one major media company... and I don't think we want that.

  25. Ayn Rand's Idea: Spectrum "Homesteading" by Nova+Express · · Score: 2, Interesting
    In Capitalism: The Unknown Idea, Ayn Rand had an interesting idea: Let anyone who wanted to "homestead" frequencies. After a few years of chaos, those using the frequencies inefficiently wou;d go out of business; those that were still around would receive the "homestead rights" to use that particular frequency.

    It's an intriguing idea, and it would be interesting to see how it might work on a new frequency being opened up for commercial use. Some wild startup might come up with a use far more compelling than any bigger potential competitor. I think it would be an experiment worth running.

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

    1. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Anonymous Coward · · Score: 0

      This would be true if all pointential homsteaders started from the same point. However, a pointential homsteader (e.g. Microsoft) that has alot of money in the bank could drive every other potential homsteader out of business, because they can outlast them.

    2. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Wyatt+Earp · · Score: 1

      OK.

      Enjoy the few years of chaos while medical monitoring devices are jammed by some jackass is broadcasting his Howard Stern dreams on the same freqs before he goes out of business a couple miles down the street.

      Or when your company tries to talk on it's licenced two-way radios, you find that someone is broadcasting on that freq all the time and you can't talk to your people.

    3. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Anonymous Coward · · Score: 0

      Hey, what a great idea, another way to offer up the best interest of the general public for the interest of the Corporation. We'll see how effieciently they use those frequencies during the next crisis. I guarantee if they can't turn a profit, your shit out of luck. Beautiful idea for such a truly scarce resource!

    4. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Anonymous Coward · · Score: 0

      Welcome to capitalism.

    5. Re:Ayn Rand's Idea: Spectrum "Homesteading" by rd4tech · · Score: 1

      no good, all those frequencies will interfere with each other beyond recognition. then, you'll have all sort of bribe/force from stations trying to convince everyone to let them their own fq with a semilegal means

    6. Re:Ayn Rand's Idea: Spectrum "Homesteading" by nomadic · · Score: 2, Insightful

      What are you talking about, "efficient"? And how the hell will a compelling use trump a noncompelling one? It always come down to whoever has the most powerful transmitter.

      Rand was a fruitcake, the best thing to do is automatically assume anything she suggests is wrong, until it's been rigorously proved otherwise.

    7. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Anonymous Coward · · Score: 0

      What are you, some sort of radical?

      Businessmen are guilty until proven innocent. Abolish the FCC and you'll have total anarchy on the airwaves.

      That's why we have the FCC to prevent people from broadasting willy-nilly, the Federal Property Commission to prevent people from doing whatever they want wherever they want, the Federal Sex commission to prevent all the fornication and rape that would happen if you could just sleep with anyone you wanted, the Speech Licensing Bureau to stop people from insulting each other, etc. etc. etc.

      Thank God the government runs everything, or nothing would run.

      Oh wait......

    8. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Sloppy · · Score: 1
      I like a lot of Rand's ideas, but what concerns me is that I don't think you really get a free market when you do this. Companies that have a significant desire to control media, could use frequency inefficiently and operate indefinitely at a loss without actually going out of business. What you call a "a few years of chaos" could last centuries.
      Some wild startup might come up with a use far more compelling than any bigger potential competitor.
      And they wouldn't get to try it. They might be able to make more profit in the broadcast business, but they would be competing against more diversified entities that see broadcast as an expense, rather than as their whole business.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    9. Re:Ayn Rand's Idea: Spectrum "Homesteading" by Anonymous Coward · · Score: 0

      Wouldn't a better title for this idea be "Spectrum Squatting"?

      It would be very hard and cheap to simply occupy large blocks of the spectrum, and fill it with garbage. Sure, this costs money but once you own the airwaves, you have a monopoly that Standard Oil could only dream of.

  26. My opinion - but who the **** cares? by Gothic_Walrus · · Score: 1
    As long as the FCC is allowing the RIAA to create (excuse me...heavily influence) its policies, we don't need it.

    Government shouldn't be run by businesses, even though it seems like that's what usually happens...

    --
    Goo goo g'joob.
    1. Re:My opinion - but who the **** cares? by KarmaMB84 · · Score: 1

      Is that even the FCC's job?

    2. Re:My opinion - but who the **** cares? by Gothic_Walrus · · Score: 1

      No...but I regulate myself. :)

      --
      Goo goo g'joob.
  27. SpectrumSpam? by OneDeeTenTee · · Score: 2, Funny

    Can I invent a new word?

    SpectrumSpam?

    RadioSpam?

    EMSpam?

    --
    Stop the world; I need to get off.
    1. Re:SpectrumSpam? by Anonymous Coward · · Score: 0

      Yeah... and if you're the Goatse.cx guy, that would be RectumSpam.

  28. It is just broke by noctrnl9 · · Score: 2, Insightful

    I think the real issue is that the FCC needs be be redefined. I am not going to try to link to the story due to the sight redesign issues, but as was noted on the ScreenSavers goes to DC, the FCC provides a large amount of standards testing. Although the arguement can be made that the areas the FCC has kept out of (2.4 G Wireless spec) are success stories for businesses, I think this commission needs get a new mandate that focuses on Digital Communications. (Using Digital RULES.) I am not saying the solution is to stop opperating Digital Communications with analog rules. The time has come to make the commission protect communications the way the EPA protects the environment.

    1. Re:It is just broke by LostCluster · · Score: 1

      Just to tell you where the FCC really stands on VoIP... on the same "The Screen Savers go to Washington DC" special that the parent poster mentions, Mike Powell and Leo Laporte roamed a Best Buy store talking about HDTV, WiFi, and such... and Powell convinced Leo Laporte to buy the Vonage starter kit that they were selling. Powell loves the technology and uses it himself.

      In general, Powell's stand on most technologies is that the FCC should try to stay out of their way as much as possible, while still trying to maintain the application-level quality of services that we presently enjoy.

    2. Re:It is just broke by Game+Genie · · Score: 1

      The time has come to make the commission protect communications the way the EPA protects the environment.

      Not very well?
      -

    3. Re:It is just broke by Anonymous Coward · · Score: 0

      The time has come to make the commission protect communications the way the EPA protects the environment.
      The EPA's protection of the environment has included buying up entire towns and destroying them to rid the place of a toxin that has been found not to create any real health risk. Yeah, I sure want the FCC ran that way.

  29. Ayn Rand already covered this... by Anonymous Coward · · Score: 0

    I believe it was in "Capitalism; the Unknown Ideal".

    She even covered the notion of trespass, as it might relate to frequency space, in a similar manner as the CNET article.

    The whole notion of the FCC mandating "public decency" was as repugnant to her as to the author of the CNET article.

    And, before the inevitable flame war starts in response to mentioning Ayn Rand, let us remember that Alan Greenspan was a devoted follower of Ayn Rand's ideas.

  30. How about just reducing the FCC? by Dwonis · · Score: 4, Insightful

    Why not just reduce the FCC to only license the RF spectrum?

    1. Re:How about just reducing the FCC? by LostCluster · · Score: 1

      Then who would enforce things when somebody without a license is noticed to be broadcasting when they don't have a license to do so, whether they're doing it on purpose or not? You really think the local police forces would have the equipment or knowledge to take care of such situations?

    2. Re:How about just reducing the FCC? by Chanc_Gorkon · · Score: 1

      Even if they did, they'd still have to get involved when, say Sony makes a monitor that spews RF. There are so many devices that, evn though they were not made for specifically spewing RF, they do have a RF signature. Monitors, motors, electrical wiring....they all have a impact on spectrum. It is this reason along that BPL should be defeated because of the interferance it unintentionally causes.

      --

      Gorkman

  31. Well.. by sinner0423 · · Score: 3, Insightful

    This is about as good as the police argument...

    You don't like them when they are busting you, pulling you over, or otherwise generally making your life a pain in the ass.

    You DO like them when they arrest somebody who is causing you or someone you love, physical harm, or otherwise trying to be a pain in your ass.

    Which do you choose? I'd say the FCC needs to enforce some regulations, but seriously, taking somebody off the radio for talking about something risque, is ridiculous. They have gone farther than just making sure companies stay in line, now they want to control everything you see & hear.

    I'd say they are just about as good as the RIAA. And we all know exactly how much the RIAA is loved around here.

    1. Re:Well.. by That's+Unpossible! · · Score: 1

      The difference is the Constitution charges the government with the protection of the citizens of the United States, not of their ears and what they can hear or not by pushing a button.

      --
      Ironically, the word ironically is often used incorrectly.
  32. Re:As Grandpa Al Lewis Once Said... by xanadu-xtroot.com · · Score: 1

    Mad props to you!

    --
    I'm not a prophet or a stone-age man,
    I'm just a mortal with potential of a super man.
  33. FCC Library by Anonymous Coward · · Score: 2, Informative
    Recently I had to research some FCC regulations which required me to use their library in SW Washington, DC. What a shock to find that the FCC library is staffed with a couple of illiterates. I would be surprised if the staff had so much as one high school diploma between them. And their rudeness was beyond belief.

    Half of the material supposedly on hand was missing or mis-shelved. I am led to wonder how the FCC itself conducts research into its own regulations. Honestly, I have seen better libraries in third world dumps than what passes for the FCC's official library in its own headquarters building.

    And you wonder how the patent office could be so bad . . .

  34. Not the FCC, instead... by MooseByte · · Score: 1

    Screw that, I want to see our braindead U.S. Patent and Trademark Office abolished instead. The FCC at least is doing some constructive work - well, prior to Chairman Powell allowing even greater consolidation of the already dangerously consolidated radio broadcast networks.

    So abolish the USPTO and bring back the old FCC. Oh yeah, and while I'm on a roll, I also want ElectraWoman and DynaGirl back on the air! With more spandex, dammit!

    1. Re:Not the FCC, instead... by LostCluster · · Score: 1

      Powell cannot be blamed for the consolidation of radio broadcasters. He didn't set that into motion... in fact, you can't even blame the Bush administration.

      The last major change to the ownership limits happened in the Telecommunications Act of 1996. Clinton was the president then.

  35. In a word, YES... by midifarm · · Score: 2, Interesting
    but there are some things that go with this thought. The current structure that the FCC operates under should be disbanded. However there should be a governing body that regulates frequencies etc. Essentially the FCC should operate like InterNIC, and license out broadcast frequencies in each city etc. But as far as regulation of what get broadcasted, no. Leave this to sponsorship and public opinion. Free speech needs reign supreme in this situation.

    Peace

    1. Re:In a word, YES... by Anonymous Coward · · Score: 0

      My personal opinion is that radio should be regulated, based on what the majority public finds obscene (think of the children!), but television should not be. A parent cannot really control what radio station a kid listens to if they give them a radio, as you can't control what gets into your house and what doesn't with a radio, as the waves are travelling through your house whether you want them to or not. You cannot globally block a station you find distasteful and don't want your children to listen to within your house, as you can with cable/satellite television.

      But as far as censorship on cable tv... what the hell. We should be able to pick and choose what channels we want in our house in the first place, v-chip whatever needs it, and have channels adhere to a rating system, such that we would know the playboy channel will be obscene, but the disney channel will actually have children's rated entertainment. I.E. you know BSTV will have a maximum rating of R, and KIDS will have up to G or whatever. Or FOX will go up to Y-14. Then, you can select what channels you would/wouldn't like. I.E. you don't care, or you don't want channels above Y-14, or you want them all and you'll v-chip them in your house, or not. It should be all about control of the USER, and not -global- control by regulation.

      You don't have restrictions on HBO, why should it be different for non-pay channels? Simply create standards that the user of the cable can choose what channels to have or not to have. Control what we get in our house with cable tv, even without the scheme above. If a family is worried about what their child is watching, they can v-chip things. We can't do that with radio.

      Basically I think that traditional radio should die, and slowly migrate to satellite radio, and simply regulate that you be able to select what you want a reciever to be able to get (i.e. you can give a child a reciever that you can program to only be able to access three stations, or stations below a rating of R (or whatever radio equivalent there would be). Complete control over what you want your child to listen to.

      No matter if we as a society or individuals want to shelter our children or not, I think that each parent should be able to make the choice themselves. I don't think that we need overall morality police, where one has to go out and buy a video or cd in order to hear lyrics as they were meant to be. We should be able to see it in it's unaltered entirety on tv if a station so chooses, provided that there are control mechanisms in place and we are aware of what exactly we will be subjecting our kids to (i.e. we can choose to let our child see a movie, knowing full well it's rated R.)

  36. Market Based Approach Fails by Anonymous Coward · · Score: 1, Interesting

    The alternative cited in the article is a market based approach, where people own spectrum, and use common law tresspass to protect their spectrum from interference. However, this has a couple of disadvantages to it

    First, because the radio spectrum is used for more than just commercial purposes, a commercial trading system is not really suited. A couple of examples: Law enforcement and public safety communications. Given the tight municipal and state budgets, can we expect localities to be able to afford spectrum when companies such as Verizon and Nextel are bidding BILLIONS of dollars for the spectrum. And what about other users such as amateurs, who don't have a method of corporate ownership.

    Secondly, the articles enforcement mechanism is trespass law. But that has its own problems. First, how do we define the spectrum as property. Can I then as a land owner say no radio waves can cross my land without a fee? I thought we resolved this property issue with an aviation case long ago.

  37. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  38. Reform, yes, eliminate, no by BCW2 · · Score: 3, Insightful

    Look at the recent history (20 yrs). Any regulated industry that is deregulated turns into a chinese firedrill, or clusterfuck. We can deregulate savings and loans, these guys are conservative bankers they won't do anything stupid. $50 billion later, that mess is almost straightened out. Cable TV, prices are only going up at 10X the rate of inflation. Airlines, talk about failed business models, they can't survive without taxpayer subsidies. The list goes on and on... The cost of deregulating is unbearable because of endless greed and basic stupidity.

    Can you imagine the traffic jam in the airwaves without the FCC?

    --
    Professional Politicians are not the solution, they ARE the problem.
    1. Re:Reform, yes, eliminate, no by Registered+Coward+v2 · · Score: 4, Insightful

      Look at the recent history (20 yrs). Any regulated industry that is deregulated turns into a chinese firedrill, or clusterfuck. We can deregulate savings and loans, these guys are conservative bankers they won't do anything stupid. $50 billion later, that mess is almost straightened out. Cable TV, prices are only going up at 10X the rate of inflation. Airlines, talk about failed business models, they can't survive without taxpayer subsidies. The list goes on and on... The cost of deregulating is unbearable because of endless greed and basic stupidity.

      Or you could look at it as a needed market correction after years of governmnet intervention.

      Airline fares, for example, were set by the government, instead of market prices. As a result, airlines built route structures to make as much as possible within those rules. Once the rules went away, other airlines with new business models came in and lowered prices - look a jetBlue/Airtran/SWA - they seem to be making money.

      Regulation benefits the regulated, and once free market forces are introduced, those that have bad business models will die.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    2. Re:Reform, yes, eliminate, no by mabhatter654 · · Score: 1
      Yes, but the regulations created sort of a corperate socialism...Many companies like Cable, airlines, telco, and electric were originally regulated in 30 year terms...now expected to compete with venture capitalists with half the overhead from all the regulations that the established companies still have to follow.

      It's time to face it that deregulation was just a wall street political coup so the players could make a lot of quick cash wrecking all those stable companies and using the profits to move the jobs offshore!

    3. Re:Reform, yes, eliminate, no by That's+Unpossible! · · Score: 1

      Any regulated industry that is deregulated turns into a chinese firedrill, or clusterfuck.

      Any drug user made to quit using turns into a clusterfuck. Does that mean you should enable him?

      Why do you think those industries were clusterfucked, because they were deregulated, or because they were regulated in the first place?

      The cost of deregulating is only 'unbearable' to those that were propped up by the regulation previously. Pity.

      --
      Ironically, the word ironically is often used incorrectly.
    4. Re:Reform, yes, eliminate, no by ps_inkling · · Score: 1
      We can deregulate savings and loans, these guys are conservative bankers they won't do anything stupid. $50 billion later, that mess is almost straightened out.
      Before Savings and Loan associations were deregulated, it was possible to save on your tax bill by means of "passive losses," such as rental property. Savings and Loans considered these safe investments, and were willing to lend $$$ for their purchase.

      The tax law was changed to no longer allow "passive losses" in calculating income taxes. Now, the value of the property is no longer how much you can take in "paper losses," but the true value. S&Ls had loaned money against the tax value, not the true value. Insert your typical business weasels, and S&Ls start foreclosing, and closing themselves. All because of a regulatory change in the tax law.

      Cable TV, prices are only going up at 10X the rate of inflation.
      As long as people are willing to pay more $$$ per month for the 200 channels of tripe, the media delivery companies will increase their profit margins. The content providers charge more, because they can. If they don't provide the content, there currently is no other company to fill the void. The cable company tacks on their profit margin, and passes along the costs. After Congress passed the cable price regulations, I still saw an increasing cable bill, but for "regulatory cost recovery" instead of extra channels. Same difference.

      I gave up on cable TV, and got a satellite subscription instead. Now the satellite prices are zooming up as well (same content provider monkey business). At some point, I'm not willing to pay for the content, and I'll cancel the television subscription and do more reading or playing video games instead. Insert efficient market, invisible hand, and other capitalist phrases here.

      Airlines, talk about failed business models, they can't survive without taxpayer subsidies.
      The large airlines are inefficient because of high overheads, large unions who will not concede on wages, and executives who vote themselves millions in bonuses every year even though the company is losing money.

      The smaller airlines are profitable because they only schedule flights that make economic sense. However, it's not economical to fly just ten people from Podunk, USA to Swank, USA; so the goverment steps in and assists, in the interest of available air travel for many more citizens than just to and from the largest cities.

      How many people ride the (cross-country) bus, or take a (cross-country) train in the USA? They're subsidised as well. Should they go away entirely? For those who can afford the time to travel, they're adequate transportation.

  39. Mirror , just in case by mirror_dude · · Score: 0, Offtopic

    Just in case the server crashes and burns (like they usually do),I have put up a mirror.
    The mirror of http://www.cdfreaks.com/article/145 is at http://mirrorit.demonmoo.com/r_807/www.cdfreaks.co m/article/145

    --
    Note to Mods: When I post mirrors, it's a best guess. I don't know for certain whether or not the site will go down!
  40. No... by Anonymous Coward · · Score: 0

    Do we really want to see Janet Jacksons breasts every week?

    1. Re:No... by Jack+Schitt · · Score: 1

      >>Do we really want to see Janet Jacksons breasts
      >>every week?

      I do, but I'd probably get tired of it after a while... besides, I haven't seen her left one yet...

      --
      This message brought to you by Jack Schitt's Previously Shat Shit
  41. Dear libratarians, by Ice+Station+Zebra · · Score: 1, Interesting

    We should also do away with the Police, transporation agency, dept of education, heck lets just get rid of it all and let capitalism sort it all out.

    Just let me know before you do this, so I can stock up on guns, ammo, food and gas.

  42. Bwa hahahahahahahaha.... by You+aren't+funny · · Score: 1

    Can the market regulate itself yet?

    Hahahahahahahahahahahahaha!!!!

    *gasp*

    Hahahahahahahahahahahahaha!!!!!!

    *wipes tears from eyes*

    Wow, that was priceless!

  43. Sure by CaptainSuperBoy · · Score: 1, Insightful

    Yeah, I tend to think the FCC does more harm than good. They've certainly screwed up in their quest to micromanage the airwaves, allowing a handful of conglomerates to control most radio and TV stations while imposing strange and arbitrary censorship rules on broadcasts. A little freedom could be what we need here.

    As with any deregulation there are a lot of doomsayers who think the death of the FCC would be dangerous for emergency services. But this is a crutch argument, obviously we can protect emergency services and essential frequencies while opening the rest up for use by anyone. No, the doomsayers are mostly hams and big-radio statists, grasping at any argument that could save their obscene swaths of spectrum. Ham operators have huge bands all to themselves, for what amounts to a glorified boys' clubhouse. Open it up. Let us in.

    1. Re:Sure by LightForce3 · · Score: 4, Informative

      Ham operators have huge bands all to themselves, for what amounts to a glorified boys' clubhouse.

      You, sir, are both incorrect and offensive.

      First off, many of the frequencies that ham radio operators have access to are shared. Also, for the radio spectrum below 1.3GHz, ham radio operators have access to less than 130MHz of spectrum. That's less than 10 percent. I think "huge" is an overstatement.

      Second, ham radio is much more than "a glorified boys' clubhouse." That you should suggest such a thing is an insult to all of the ham volunteers who have assisted in natural disasters (hurricanes, floods, fires) unnatural disasters (terrorist attacks), and public events (parades, etc.). Ham volunteers play a vital role in large-scale emergency situations, and organizations of ham operators exist for this explicit purpose. Public service is, in fact, one of the most (if not single most) critical tenets of ham radio.

      Furthermore, some the core ideals and culture of ham radio are experimentation and exploration, to push the limits and find new ways of doing things. Ideals that are very similar, I think, to the hacker (in the original sense) culture.

      So, before you make such statements, check your facts and and consider what you would lose if you had your way.

      ~~LightForce, KC8EPG

    2. Re:Sure by PetWolverine · · Score: 1

      Did you know that 802.11 uses ham bands?

      I don't know if it applies to all ham bands, but several only require unlicensed users to keep to low-power rigs. Considering that higher power can make an antenna dangerous or deadly to touch while transmitting, I think requiring a test of your electrical engineering knowledge before allowing you to use such equipment is reasonable. Sort of like getting a driver's license, and I would not be the first to suggest on /. a similar policy for licensing Internet use.

      --
      I found the meaning of life the other day, but I had write-only access.
    3. Re:Sure by Anonymous Coward · · Score: 0

      the point of goverment IS to protect the commons!

    4. Re:Sure by Anonymous Coward · · Score: 0

      I love a good dope slap.

  44. Interesting but weak argument... by stienman · · Score: 4, Insightful

    One fear is that some predatory monopolist, a Microsoft of the airwaves, would end up owning all of the spectrum. That won't happen. First, the market value of the spectrum would approach $1 trillion, out of the reach of any individual corporation. Second, antitrust laws would remain on the books. The Department of Justice could wield the Sherman Antitrust Act to challenge unlawful conduct and block mergers.

    First, a decade or two ago we thought that a company approaching a few billion was out of the reach of an individual corporation. Companies will only get bigger.

    Second, antitrust laws are not currently effective. Using MS as an example in the same paragraph where you claim that antitrust laws work is rather painful.

    There are other problems with the article.

    However, it is time for a good review of the FCC's mandate. Remember, they have a mandate and they are following it to the best of their abilities. If you want them to change, call your congresscritter.

    I can understand the argument that spectrum should be handled like land (purchased and owned) but since radio spectrum is inherently public it cannot simply be run under land management laws. There would be no ability for small consumers to buy spectrum, and without efficient management you may end up with a few big chunks, and then millions of tiny inefficent chunks - consider hard disk fragmenting.

    It's an unworkable idea, but it is thought provoking, and I'm certian that was his real intent.

    -Adam

    1. Re:Interesting but weak argument... by JeffSh · · Score: 1

      First off, I really like your post, but I disagree on this point.

      I can understand the argument that spectrum should be handled like land (purchased and owned) but since radio spectrum is inherently public it cannot simply be run under land management laws. There would be no ability for small consumers to buy spectrum, and without efficient management you may end up with a few big chunks, and then millions of tiny inefficent chunks - consider hard disk fragmenting.

      -Radio spectrum is not "inheirently public", that's only a perception you have. The same ideas can be applied to land, or any scarce resource. In order for something to be a public commodity, it has to have the ability to transmutate.. Like water and air is free flowing and moves, it is a public commodity. radio spectrum is very static and therefore saleable as if it were land.

      -the spectrum would not become fragmented, because the economics would not allow it to become fragmented. it's far too valuable for that to even happen

      -"Parcels" of spectrum would be defined by some sort of governing body; probably a reformed FCC. These parcels would be defined by land contours affecting said radio spectrum, and then sold to the "highest bidder". they would not be allowed to shrink, they would cover a certain area at a certain band, and thats it.

      -Why would we care about small consumers buying spectrum? You would need a company to effectively use a piece of spectrum, I'm having a hard time imagining a situation where this would be actually be needed. The cost of spectrum is going to be so high, that a company with a product is the only thing that could buy spectrum, be it TV or radio or otherwise..

      -There would still be public spectrum (just like there is still public land) This spectrum would be set aside and allocated appropriately by whatever would theoretically replace the FCC, for use by the public.

      -The FCC has taken up censorship, a duty its wholly unsuited for.

      it needs to go, in my opinion. no question about it.

    2. Re:Interesting but weak argument... by mabhatter654 · · Score: 1

      The problem is that the FCC was mandated to balance the spectrum between the haves and have nots...allowing for large public interest and smaller special interests to have a voice in the same markets. Under the current leadership they've went solely mercenary...to the highest bidder, damn the mandate. It's almost weekly that the big guys get bigger, and the small school stations get squeezed out on techinicalities! The roll out of HDTV has been stalled for 7 years now!!! Because of last minute lobbying by multinational/entertainment/tech companies trying to get end-to-end control of something free. Proposals to increase publicly available bands in the prime real estate about to be freed up for ultra low wattage things like Wireless internet and other communications go unattended while the FCC is already counting the profits they'll get selling the public's resource to the highest corperate bidder. In the manner of radio spectrum policy & public accountability the FCC is failing it's mandate famously!!

  45. What a complete load of tripe. by jcr · · Score: 4, Insightful

    Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

    If you don't like it, don't watch it. You don't have to put a gun to anybody's head over a matter of taste.

    Problems such as the broadcast flag are more a fault of intense lobbying from the MPAA and very little opposition because people either don't understand or don't care.

    Why is it that you good little apparatchiks never recognize that the major factor in this kind of abuse of power is the existence of the power in the first place? If you allow government to acquire power over communications, who do you THINK is going to wield that power? It's not going to be those of us who want to preserve our fair use rights, because we can't afford million-dollar bribes to politicians.

    Liberty requires no justification. It's the advocates of force like yourself who have the burden of proof.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:What a complete load of tripe. by Anonymous Coward · · Score: 3, Insightful
      If you allow government to acquire power over communications, who do you THINK is going to wield that power? It's not going to be those of us who want to preserve our fair use rights, because we can't afford million-dollar bribes to politicians.

      Power is held by those most interested in attaining it. Mostly this means the greedy, uncaring, control freaks of the world. Those of us more interested in making sure it's used correctly never get it in the first place.

    2. Re:What a complete load of tripe. by EvanED · · Score: 1

      "Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to 'push the envenlope'.

      If you don't like it, don't watch it. You don't have to put a gun to anybody's head over a matter of taste."

      In general, I fully agree with you. However, I do think that the option should be there to not watch it and that such "events" should not come up unexpectedly, as in the case of the Superbowl.

    3. Re:What a complete load of tripe. by John+Miles · · Score: 5, Insightful

      If you don't like it, don't watch it.

      Janet and Justin are the ones who took that choice away from everybody, not the FCC.

      Many people, especially Americans, are offended by nudity, for whatever reason, and choose to pass on that sensibility to their children. (I don't personally find that worldview very healthy or sensible, but nobody asked me.) The FCC manages the open airwaves and their content on behalf of all Americans, and since a broadcast like this one appears on network TV across the entire country, it is expected to meet the "community standards" of the entire population represented by the FCC.

      Otherwise -- if the public's sensibilities are being offended -- the FCC isn't doing its job as the custodian of a shared public resource. The American audience watching the Super Bowl that day had a reasonable expectation that they were going to see a normal football game and halftime show, but they got something entirely different, and the more prudish of them are justifiably up in arms about it. Their point is the same as yours: the TV audience that day was denied its right to choose what it wanted to watch.

      There are numerous entertainment venues in which nudity and sexual themes are legal and accepted, even in the most puritanical corners of the USA. But all of these venues have one thing in common: if you want to see that stuff, you have to go looking for it. Very few people, from preachers to porn purveyors, think it's a good idea to shove unsolicited content of this nature in Joe Six-Pack and Jane Boxwine's faces when it's not requested or expected.

      The Great Wardrobe Malfunction was essentially an act of civil disobedience, and that implies a willingness to pay the price to get your message across. In this case, the price is a neo-Puritan backlash that's caused a lot of collateral damage to people like Howard Stern who were known for pushing the community-standards envelope. Your quarrel is with Janet, Justin, and their unwilling audience... not the regulatory agency that is chartered to represent that audience.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    4. Re:What a complete load of tripe. by jcr · · Score: 1

      Accidents happen. IMHO, the network has been excessively punished already.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:What a complete load of tripe. by jcr · · Score: 1

      Oh, give me a break. It was an accident, for crying out loud.

      If ABC was in the habit of tricking people into seeing bare breasts, you'd have a point, but this was unprecedented, and you can be quite sure the network censors are going to have a field day imposing a whole new puritanical yoke on broadcast TV. (That puritanism, BTW, is why HBO is eating their lunch.)

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:What a complete load of tripe. by Anonymous Coward · · Score: 0

      I would like to point out that this is the same person who would be up in arms about Christian and Religious content on public television. I would be quiet surprised if this fellow wasn't one of the people who was opposed to a baptisim service in a public river. Let's be honest, your pushing your world view as much as anybody, and the content is only fit for TV if it fits your world view. If you truly feel that anything should be allowed to be shown on TV then I would challenge you to agree that taliban sympathizers should be allowed to broadcast the murders of american soldiers. If you don't like it. Don't watch it.

    7. Re:What a complete load of tripe. by Alan+Hicks · · Score: 1

      If you don't like it, don't watch it.

      Oh come on, you can come up with better drivel than that! You're not even thinking about it!

      Picture this. A little boy is watching Barnie, and suddenly hard-core porn comes on. Or a little girl is watching Seasame Street and all of a sudden the scene switches to a raging gun battle where a guy's head gets blown off. I don't think you can blame people for being upset over that.

      The Janet Jackson fiasco is the exact same way. People sat down to watch a sporting event that no one thought would be containing nudity. The little rating things in the corner of the screen don't say it includes nudity. At a football game you expect to see a football game and maybe hear some foul language that's kinda muffled. That's the worst anyone reasonably expects from a football game. Now all of a sudden it's halftime and there's an ugly chick with her tit hanging out. Totally inappropriate.

      The FCC isn't saying you can't have any nudity on TV! Rather they are saying you put nudity on a TV show that millions of people around the world are watching without any warning that there might be objectionable material on this program. This is uncalled for, and you will pay a penalty. If you can't see the difference in that you're hopeless.

      --
      Slackware, what else when it must be secure, stable, and easy?
    8. Re:What a complete load of tripe. by John+Miles · · Score: 1

      Oh, give me a break. It was an accident, for crying out loud.

      I don't think anyone seriously buys that.

      (That puritanism, BTW, is why HBO is eating their lunch.)

      Which, again, is exactly as it should be. HBO is a cable channel that is available only to viewers who explicitly request it. HBO viewers have a reasonable expectation of boobage. ABC viewers do not.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    9. Re:What a complete load of tripe. by jcr · · Score: 1

      Why do you think ABC employs censors?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    10. Re:What a complete load of tripe. by tfoss · · Score: 3, Insightful
      the TV audience that day was denied its right to choose what it wanted to watch.

      Huh? It chose to watch an event with a half-time show produced by MTV. That was far from a secret, in fact it had been advertised as such. What it got was, frankly, pretty tame for MTV. Had it been a half-time show produced by PAX TV or ABC Family, then perhaps they'd have a reason to complain.

      not the regulatory agency that is chartered to represent that audience.

      Was there a survey I missed? Did we somehow establish that the 1.5 seconds of barely distinguishable nipple actually upset more than 50% of the super bowl watching population? Or, more to the point, when was the last time the FCC actually asked the audience what it was upset by? This regulatory agency administration has no mandate from the public whatsoever. It has an appointed leader who gets to decide when to what he thinks is ok, the public has essentially no input or recourse.

      You keep saying the FCC has a duty to be the maintain a level of decency for population, but there is nothing to suggest it determines that level by anything more encompassing than its leader's personal opinion of indecency. So while Mr Powell may take issue with a *gasp* nipple, it remains to be determined if the majority of us were offended (& the prevalence of barely clothed cheerleaders as a common promo background seems to suggest otherwire).

      -Ted

      --
      -=-=- Quantum physics - the dreams stuff are made of.
    11. Re:What a complete load of tripe. by jcr · · Score: 1

      Picture this. A little boy is watching Barnie, and suddenly hard-core porn comes on. Or a little girl is watching Seasame Street and all of a sudden the scene switches to a raging gun battle where a guy's head gets blown off. I don't think you can blame people for being upset over that.

      Who's blaming people for being upset? They can be as upset as they like, it still doesn't justify government coercion.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    12. Re:What a complete load of tripe. by Anonymous Coward · · Score: 0

      And the quarrel extends to that regulatory agency that decided that the one incident was reason enough to chase down instances of "unfit" material in all places. Ashcroft is Hellbent on removing what he deems indecent (i.e. Dirty Dancing) from all media, including the Internet and cable.

    13. Re:What a complete load of tripe. by Anonymous Coward · · Score: 0
      Many people, especially Americans, are offended by nudity ... The FCC manages the open airwaves and their content on behalf of all Americans ... it is expected to meet the "community standards" of the entire population represented by the FCC.

      But what the "decency" constraints do has nothing to do with "community standards"; it has to do with a tiny, but very vocal, minority of militant prudes.

      In my personal opinion, someone who is offended by the sight of a woman's breast is sick in the head. A tiny minority of mentally ill people should not be allowed to determine what the healthy population are allowed to watch on TV.

    14. Re:What a complete load of tripe. by npsimons · · Score: 1

      the TV audience that day was denied its right to choose what it wanted to watch.

      While I have to agree with you that people have a right to choose what they watch, I have to call bullshit on this one.


      It was a LIVE broadcast. That means that it is generally not edited, and if an accident (such as a "wardrobe malfunction") happens, you're going to see it. If you can't handle that, get the edited version and watch it later. Oh, but you want to watch it live? Well, then you better be prepared to face the possible consequences.


      The people who watched that game and halftime show made that choice; if they didn't know that something like that could happen, they were either willfully ignorant or apathetic, and it's their fault.

    15. Re:What a complete load of tripe. by DerekLyons · · Score: 1
      Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

      If you don't like it, don't watch it. You don't have to put a gun to anybody's head over a matter of taste.

      Thats an excellent theory... But it breaks down in the real world. The viewers of the Superbowl were not given a choice to watch or not. The Superbowl wasn't rated 'R' or 'NC-17', or... anything at all. No 'for mature audiences only' disclaimer at the begining, no warning, no notice.

      Had such a warning been present, you'd have a point. But in reality, people tuned in expecting a footbal game and a half time showed suited to their sensibilities, what they got was something different.

    16. Re:What a complete load of tripe. by jcr · · Score: 1

      The viewers of the Superbowl were not given a choice to watch or not.

      What? You mean to tell me that thugs invaded their homes and forced them at gunpoint to watch a sporting event?

      You tune in to a live broadcast, you take your chances of what you're going to see. When I was a little kid, it was somewhat upsetting to see Joe Theismann's career-ending injury occur, but them's the breaks (so to speak).

      When a bunch of people tune into a show expecting violence and end up seeing a flash of somebody's nipple instead, I'm not going to get too bent out of shape about it.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  46. Think again by Anonymous Coward · · Score: 0

    You should RTFA. You would no more be able to "grab whatever bandwidth" you felt you needed than you are able to build your garage on your neighbor's lot or dump trash on the local supermarket parking lot.

  47. Not that I support government, but... by Anonymous Coward · · Score: 0
    I think that it should be up to the people to decide through boycott and public displays of disapproval.

    Do you seriously think this would ever work?

    1. Re:Not that I support government, but... by garcia · · Score: 2, Interesting

      Do you seriously think this would ever work?

      Who knows? Currently the driving forces behind deeming media displays as indecent are powerful government lobbies from conservative right-wingers who believe that the world should be sugar and spice.

      Do I want small interest groups deciding for me what is decent for me? Nah. I think that people are quite capable to make those choices for themselves.

    2. Re:Not that I support government, but... by hunterx11 · · Score: 2

      TV executives couldn't give a crap about what anybody thinks. Why? Because they want money. But if nobody watches their shows or even worse boycotts products from advertisers on a show, they lose money. This is something they understand very well.

      --
      English is easier said than done.
    3. Re:Not that I support government, but... by Anonymous Coward · · Score: 0

      You're assuming that people in general would be organized or resolute enough to pull off a national television boycott (or even to do their part by personally boycotting companies they see doing something unacceptable). I haven't seen it happen and I don't expect to anytime soon. Instead I see thousands of companies screwing over the public at every turn, and getting away with it...there just aren't enough people who care to do anything about it.

    4. Re:Not that I support government, but... by rd4tech · · Score: 1

      So,,, what we'll have is small stations trying to emit on a same fq as the big guys (radio squatting) just to find themselves once morning surronded by big power transmitters from every side owned by those companies?

    5. Re:Not that I support government, but... by That's+Unpossible! · · Score: 1

      Who knows? Currently the driving forces behind deeming media displays as indecent are powerful government lobbies from conservative right-wingers who believe that the world should be sugar and spice.

      Wrong. The driving force behind this latest craziness is Democrat Michael Copp. Do some research before spouting this bullshit.

      Why, here's a speech by Copp you might find enlightening. "I have been urging top-level industry attention to indecency for a long time."

      Powell might want to fine companies, but Copp actually wants to take away FCC licenses based on "decency" standards in order to put a scare into the broadcasters.

      Right-wing, indeed. "You'd like to think that, wouldn't you?!"

      --
      Ironically, the word ironically is often used incorrectly.
    6. Re:Not that I support government, but... by Anonymous Coward · · Score: 0

      Do you think it is impossible for a democrat to be a right-wing nut?

      Or do you think everybody in church is a republican and everybody at an orgy is a democrat?

    7. Re:Not that I support government, but... by DunbarTheInept · · Score: 1

      This guy's words show that he's not much of a Democrat. He probably hails from one of those places where people lean very far to the right, such that a centrist ends up looking like a Democrat to the locals. (The same effect happens in the other direction in other areas, where centrists end up looking like Republicans as far as the locals are concerned, because the locals are extremely leaning to the left.)

      These days there's very little difference between the two parties anyway.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    8. Re:Not that I support government, but... by Anonymous Coward · · Score: 0

      Um yeah, democrats are right-wing...so yeah, "[r]ight-wing, indeed." Anecdotally, who was the last democratic presidential nominee? Gore? A former tobacco-farmer? Yeah, those millionaires capitalizing off of addicted people, they're so left-wing...

      Republicans = right-wing. Democrats = right-wing. Bourgeoise = right-wing. Communists = left-wing. Anarchists = left-wing. Proletarian = left-wing.

    9. Re:Not that I support government, but... by Anonymous Coward · · Score: 0
      Last I checked, most Democrats ARE pretty centrist...
      These days there's very little difference between the two parties anyway.
      That's an opinion that gets thrown around a lot, but I strongly disagree with that. Watch a partisan house floor debate on C-Span some time, and you'll see what I mean. Every so often, it makes a huge difference.

      If you happen to catch a hot issue on C-Span's congressional coverage, you'll notice Republican lies and Democratic lies, and how they are different. You may also notice that one party's lies are on average more frequent, more overt, and a lot sleazier.

      But then again, that one particular party does happen to have more seats...
    10. Re:Not that I support government, but... by DunbarTheInept · · Score: 1


      Watch a partisan house floor debate on C-Span some time, and you'll see what I mean. Every so often, it makes a huge difference.

      The problem is that on any issue that I'm motivated enough to actaully put up with watching that, I am in disagreement with both the parties and they are actually on the same side as each other, with a few lone dissenters from both parties.

      Or in other words - the debates that are partisan are not the debates on issues I care all that much about so I don't watch them. On the PATRIOT/USA act vote, I was very glad to see my state's senator, Feingold, explain what was a bad idea about that bill, and why he couldn't support it in good conscience. I was very dissapointed to not see anyone ELSE take the same stance, and so it passed with him being the lone dissenter in the senate.

      That's not a partisan debate. His own party got pissed at him for that stance.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    11. Re:Not that I support government, but... by Anonymous Coward · · Score: 0

      So when Hillary accused a "vast right-wing conspiracy" for President Clinton's troubles, she was actually blaming the Democrats?

      Sorry, your definitions might work in Europe, but in America, the left-wing believes in larger government, fiscal and social liberalism. The right-wing believes in fiscan and social conservatism.

    12. Re:Not that I support government, but... by That's+Unpossible! · · Score: 1

      On the far left-wing you've got the Communists.
      Then coming towards center you've got the Democrats.
      Then in the center you've got the Libertarians and the Totalitarians.
      Then into the right-wing the Republicans.
      Then to the far right-wing you've got the Fascism.

      --
      Ironically, the word ironically is often used incorrectly.
    13. Re:Not that I support government, but... by a+whoabot · · Score: 1

      When Hillary Clinton did that, it was just part of the modern media circus, where everything's contextualised to be part of a sort of auto-recuperation to the benefit of capitalists who run the media. It's completely beyond meaning. It's like Michael Moore for example: oh he's such a radical and naive leftist! But he will accomplish nothing. His show and movies merely have generated more revenue for the capitalists and conveniently offered overdetermined events as reasons for a, perhaps, sort of populist repositioning as completely insipid entertainment which made some equally insipid people say "we should do something!" and that's it, they just went back to watching CNN et al, because they go hand in hand, beyond the mere fact that Moore requires their documents, which is maybe telling or analogous, but not determinant, ha. His supposedly left message is contextualized beyond it's mere content, as all things in the mass media are, as just another form of capitalist subjugation. And all the wannabe-Benoit university students and retired yuppies buy all his books and they think they know something about how power oppresses. And what will happen? The Democrats will get elected instead of the Republicans. And what will be different? Nothing, except laws will be different on some non-problems like abortion, because the same capitalists still hold all the power.

    14. Re:Not that I support government, but... by Anonymous Coward · · Score: 0

      Should be "wannabe-Bendit". Cohn-Bendit. Too much chaos theory...

    15. Re:Not that I support government, but... by Anonym1ty · · Score: 1
      Then in the center you've got the Libertarians and the Totalitarians.

      What country are you from and what the hell have you been smoking?

  48. Duuh. by Anonymous Coward · · Score: 0

    but who will be there to stop me from playing Eminem on the frequency of the local police department that I love so much?

    Probably the same thing that stops you from holding your son's birthday party in the lobby of the local police department.

    1. Re:Duuh. by lancomandr · · Score: 1

      Actually my local department faithfully subscribes to the idea of community policing and so they end up being pretty close knit....Community members are encouraged to come and talk to the police officers and ride around with them. It wouldn't surprise me if such a birthday party could be arranged.

      --

      "Quis custodiet ipsos custodes?"

  49. Yeah right... by LinuxInDallas · · Score: 1

    The market can regulate itself all right. While we're at it let's dismantle the Federal Trade Commission because we all know the market can regulate itself with respect to monopolies as well.

    That was sarcasm, in case you didn't notice "you insensitive clod!"

    1. Re:Yeah right... by jcr · · Score: 1

      Why don't you tell us how well the FTC did in the Enron affair?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  50. Ask permission or beg forgiveness? by LostCluster · · Score: 2, Interesting

    If there was no FCC licenses, then RF bandwidth would purely be on a first-come, first-serve basis under the common laws system that the courts were ironing out.

    The problem is, in order for a court to shut down an offending station, that offending station would already have to be on the air and causing the pre-existing station a problem such that the pre-existing station deems it worth going to court, and the problem would continue until the case is heard.

    The FCC system requires that those who want to broadcast have to ask for permission before starting. Anybody caught broadcasting a strong signal who didn't ask permission first is presumed to be a troublemaker instantly, and therefore is worthy of being shut down before we figure out what exactly you're bothering.

    Any consumer electronics that uses RF signals has the potential to be mis-manufactured to the point that it becomes a strong unintentional radio station. Part of the FCC's responsiblity is to get such things off the market immediately so that the more important users of the RF space don't get bothered by those things going into mass production... imagine the mess we'd have if D-Link put out a WiFi router that bled signal so badly it put noise on the Air Traffic Control channels. Those things might be everywhere before people realize what's going on if the FCC wasn't keeping an eye on those things.

  51. Eh... not quite... by bersl2 · · Score: 1

    There's only so much spectrum. If possible, maybe more of the government-exclusive bands should be freed up for both licensed and unlicensed use.

    Boob-gate from the Superbowl and the aftermath is a perfect example of why government should not be in charge of "decency." Eliminate this function. It's a waste of taxpayer money.

  52. Can the market regulate itself yet? by Fizzol · · Score: 1, Insightful

    Has any self-regulating market ever worked to the benefit of the public? I've yet to see or hear of one.

  53. Can't by ArchieBunker · · Score: 1

    ClearChannel owns them all except for one classic rock station, one top 40, and the usual no name PBS/hippie stations. I can't stand anything public radio plays.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  54. It has a purpose, but not every purpose by t_allardyce · · Score: 1

    Leaving corporations etc to do what they like has been prooven time and time again to be a stupid idea, but over controlling them is also a bad idea. The FCC just needs to concentrate on stopping vital frequencies being messed with, and stopping gready pigs owning too much of the spectrum, they shouldnt get involved with janet jacksons nipples (mmmmm janet jacksons nipples) or saying shit on tv, how many other countries are this fucked up?

    --
    This comment does not represent the views or opinions of the user.
  55. Interesting but Mistaken Points by william_lorenz · · Score: 4, Insightful
    The author raises some interesting points, but as an FCC-licensed amateur radio operator (as one of the previous posters) and someone who considers himself to have more knowledge than the average person in this area, I must respectfully disagree with his opinion.

    The FCC does more than just assign spectrum. It also runs enforcement and regulation for our radio frequencies and guards against things such as harmful interference, stepping in with action when needed. Which other governmental organization would keep the technical know-how in house that allows them to track down harmful interference based on field reports?

    Furthermore, the FCC guards our markets and prevents monopolies from snatching up too much of a particular spectrum, service, or market. The author seems to think that market dynamics would themselves guard against monopolies with high pricing of spectrum and our current monopoly-prevention laws, but I disagree with this. I don't think the spectrum will be priced out of reach of many corporations. There was recently a desire on the part of various corporations to consolidate the FM broadcast spectrum, and I remember this being heavily debated in various publications. Also, the FCC does already regulates our spectrum based upon our monopoly laws. Which other government agency would handle this for us?

    1. Re:Interesting but Mistaken Points by nick0909 · · Score: 1

      The FCC says they are into enforcement but Hollingsworth, from what I have seen, is all bark and no bite. It would be nice, but...

    2. Re:Interesting but Mistaken Points by JBMcB · · Score: 1

      >It also runs enforcement and regulation for our
      >radio frequencies and guards against things such
      >as harmful interference, stepping in with action >when needed.

      Talking to a bunch of radio and cell phone tower guys a few weeks ago, their main complaint is the FCC does NOTHING about interference, especially if you're a "Little guy" and the interferrer is from a "Big guy" Even after one of the broadcasters took measurements themselves and sent them to the FCC filing a formal complaint, they did NOTHING. SQUAT. Their response was "We're looking into it." They "Looked into it" for about a year and did nothing. I've heard this is commonplace, it's up to the broadcaster to seek remedy in civil court.

      >Furthermore, the FCC guards our markets and
      >prevents monopolies from snatching up too much of
      >a particular spectrum, service, or market.

      HAHAHAHAHAHAHAHAHAHA! Sorry, not happening. In fact, FCC rules usually protect monopolies, usually for the excuse of "Stability"

      >Also, the FCC does already regulates our spectrum >based upon our monopoly laws. Which other
      >government agency would handle this for us?

      Did you read the article? If the EM spectrum was sold off, it's value would run into the trillions of dollars. No single, or group of companies has the capital to buy it all. The SEC is capable of smacking monopolies around, although they did a typically government-awful job of fixing Microsoft.

      The main problem, as I see it, is the FCC's job is a very complicated and technical one. Congress passes new guidelines the FCC is supposed to enforce. The president fills the cushy post with a political appointee (What qualifications does Michael Powell have to run a communications regulation agency? He used to work for an anti-trust law firm in DC, but his Bio doesn't say he passed the bar anywhere) You get politicians trying to force political solutions to technical problems. That almost never works, politics and engineering are always ugly together.

      --
      My Other Computer Is A Data General Nova III.
  56. Re:As Grandpa Al Lewis Once Said... by MooseByte · · Score: 1

    "F*K the FCC!!! F*K the FCC!!! F*K em'!"

    Funny you should mention that - Eric Idle and the rest of us seem to feel the same about the FCC as of late.

    Hum it all together now!

  57. Deregulation Does Not Work by Game+Genie · · Score: 2, Insightful

    I was about to post my gut reaction to this posting right off, but I RTFA, and my gut reaction turned out to be well founded. The article begins with an overused logically broken analogy to the USSR. Classic right wing FUD. Then arguing to let the courts decide disputes over the spectrum? Sure the FCC is a slow and backwards bureaucratic nightmare, but the legal system is just as bad. And the idea of selling pieces of the spectrum outright is absurd. One can no more 'own' part of the spectrum than they can own the right to speak at a certain intonation, and regardless, future advances in technology will render current methods for breaking up the spectrum arcane and useless. Finally, we cannot allow such reckless deregulation; allowing industry to police itself is like the fox guarding the henhouse. I agree that the FCC is a wreck, but killing it is not the answer.

    -

    1. Re:Deregulation Does Not Work by Game+Genie · · Score: 1

      They modded me 40% troll, but nobody can reply to me. I can smell fear.

      -

  58. Re:As Grandpa Al Lewis Once Said... by endlessoul · · Score: 2, Insightful

    ...during a Howard Stern rally in 1987:

    F*K the FCC!!! F*K the FCC!!! F*K em'!


    Finally, I see a Howard Stern reference. I personally try to listen to Howard Stern on a regular basis and find him quite amusing. Before you find me offtopic, I bring up a radio personality for a reason. The FCC has overstepped it's bounds more than any American should tolerate. The United States constitution states every American should have free speech. Howard Stern is not being allowed that right.
    That is bullshit .
    He is an entertainer. If you don't want to listen, feel free to turn the radio dail to some re-packaged pop music by Ms. Tits-Too-Big. Or even turn it off. Ever thought of that, Michael Powell? No. You're too busy squashing a God- and Goverment-given right to say whatever the fuck I want. So you'll take a man off the air, along with many others, because he's "indecent," even though you have no clear description of indecency.
    Bottom line: Fuck the FCC.

  59. Wont work. by Anonymous Coward · · Score: 0

    What if I decide I don't like the Christen music channel in my state, and buy a 200w transmitter, and purposely walk on thier signal?

    It wont block out the whole state, but no one in a couple miles around me is going to get the station.

    Businesses would start doing the same to each other to prevent thier competitors from getting market share.

    I don't like government interference in my life, but the airwave do need a regulating and enforcement body.

  60. Surprise. by Raven42rac · · Score: 1

    What a surprise, a C|net article declaring something is dead/dying/should die. I could write an article citing only facts that support my case to make my point. The FCC is necessary, the airwaves would go nucking futs without any regulation or order. They could police themselves, but why would they, and how could they enforce their policies? If the FCC could get their stuff together regarding Clear Channel and Viacom owning every f'ing media outlet, protecting the telco monopolies by trying to regulate VOIP out of existence, and chastising Howard Stern and CBS while leaving Oprah alone when the Oprah segment has to be the most graphic description of sexual acts during daytime ever, I would be happy. (Because if there is one thing I do not want to hear about at 4 in the afternoon it is rimjobs and "rainbow parties".)

    --
    I hate sigs.
  61. But without the FCC by bigberk · · Score: 1

    We would never have The FCC Song (monty python)

  62. How about health implications by fingerfucker · · Score: 2, Insightful

    The electromagnetic spectrum is densely utilized, but FCC also instills regulations on the emitted power.

    If there was no regulation of transmit power, then all three little piggies would be fucked, because a brick house would not protect them from having their brains fried or dying of cancer or leukemia when the big bad wolfs around the house decide to play "who has a stronger transmitter" across the neighborhood...

  63. Perhaps you should RTFA again by Anonymous Coward · · Score: 0

    we'd need new legislation to make sure one wealthy person wasn't hogging a large slice of the spectrum.

    Already specifically covered in the article.

  64. Think of the children! by Micro$will · · Score: 2, Funny

    How many millions of women expose themselves to infants so they can breast feed! This is intolerable! I implore the FCC to require blindfolds for babies.

    P.S. I am not a kook.

    Problems such as the broadcast flag are more a fault of intense lobbying from the MPAA and very little opposition because people either don't understand or don't care. The fcc cannot be faulted for blunders to fair use.

    I'm usually the first to say, "Never assume malice for what can reasonably be attributed to ignorance", but when billions of dollars are being thrown around, it has to look pretty fucking obvious it's the former.

    I do agree that privatizing the radio spectrum will promote an even worse situation where only the highest bidder will be able to transmit. That $1 trillion market will only take effect after ClearChannel, Infinity, ABC, CBS, NBC, etc, take control of what they want.

    1. Re:Think of the children! by Anonymous Coward · · Score: 0
      I do agree that privatizing the radio spectrum will promote an even worse situation where only the highest bidder will be able to transmit. That $1 trillion market will only take effect after ClearChannel, Infinity, ABC, CBS, NBC, etc, take control of what they want.

      Yep, then they can engage in corporate masturbation and money shuffling for the next 20 years and winner take all.

      Somehow the creation of these unwieldy behemoths passes for wealth creation these days. If you've ever worked for a large corporation you know exactly how inefficient and ridiculous they are.

    2. Re:Think of the children! by MourningBlade · · Score: 1

      Any marketizing plan such as doing this for radio spectrum must be carefully watched. I think it could work, but a lot of the monied interests are more interested in the definition of "privatization" that sounds a lot like "government granted monopoly."

    3. Re:Think of the children! by GlenRaphael · · Score: 1
      I do agree that privatizing the radio spectrum will promote an even worse situation where only the highest bidder will be able to transmit.

      Can we then assume you're in favor of having a government agency own and allocate all the real estate in the country because otherwise "only the highest bidder" would be able to build houses and restaurants?

      --
      I play Nerd-Folk!
    4. Re:Think of the children! by pommiekiwifruit · · Score: 2, Insightful
      Local govt. in the US does control real estate allocation (via planning regulation) and look what a mess that has produced! They allocate it to look pretty on a colour coded map (with no contour lines) instead of being practical.

      Americans are forced to own cars, since to buy a loaf of bread they would have to walk for three days through identikit suburbs to find the nearest shop.

  65. The FCC should be minimized by csoto · · Score: 2, Interesting

    It should do nothing but see that licensed radios do not interfere with other licensed radios. Period.

    --
    There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
  66. Anarchy is the alternative.. by the_rajah · · Score: 2, Interesting

    Does the FCC need to be redefined? Sure it does. Is it too intrusive? Sure it is, but we do need some competent agency to manage the limited resource known as our electromagnetic spectrum.

    Do you want the CB operator down the street to have a 5 KW transmitter and operate on whatever frequency he wants? I very seriously doubt it. There's enough of that sort of thing going on now with the FCC in place. It was a problem back in the first two decades of the Twentieth Century let alone what would happen if there was no regulation now.

    IMO most of the governmental agencies need a house cleaning, a return to their original limited purpose, but it has to be done in a logical fashion or you end up with a much worse mess than you had.

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
    1. Re:Anarchy is the alternative.. by Openstandards.net · · Score: 1
      I believe the only focus should be on increasing bandwidth, migrating to IPv6, and ensuring that anyone anywhere in the US can connect cheaply or for free.

      If you read this post, you'll see where I use the CB as an example.

      Of course, we still won't want people blocking Internet communications. But we already have laws against DoS attacks. In your example, however, the CB'er would no longer have the incentive to use higher power transmissions, as geographic limits, if used, would be purely virtual.

      The only incentive someone would still have to do that would be DoS and perhaps signal boosting to connect to the Internet until it is accessible everywhere. However, I in the data world, I haven't heard of real problems of signal interference in the unlicensed spectrum due to larger antennas on other digital devices, although there are occassional rumors of analog TVs picking up some bleeding. That will also be a moot issue, though, as the Internet is used to transmit video channels.

      The only bleeding we'll need to worry about is in emergency analog frequencies, which will always be protected by law. IP wireless devices are great at interoperating in the same frequencies in contrast to analog devices. You can have quite a few WAP devices in the same area. Spectrum often used by analog, on the other hand, such as 2.4Ghz, drives me nuts, personally. Ever broadcast analog audio over 2.4 Ghz only to hear your microwave pop on your stereo? Digital handles this, and digital standards such as 802.11b/g handle multiple broadcasters (SSIDs) very well.

  67. Need not be a common good by Anonymous Coward · · Score: 0

    Spectrum is precisely an area where libertarian fantasies (as implied in the subject of the post) about business self-regulation run aground. Spectrum is, in some sense, a common good, and it needs a more neutral overseer than business necessarily provides.

    In the article, the proposal resolves the 'common good' problem by defining property rights in the spectrum by frequency and domain. Once clear property title and rights are established, the free market can operate as well as it does in other areas property. The government can still retain ownership of some frequencies and domains for things like emergency use, just like it does now with land.

    1. Re:Need not be a common good by TheViewFromTheGround · · Score: 1
      Once clear property title and rights are established, the free market can operate as well as it does in other areas property. The government can still retain ownership of some frequencies and domains for things like emergency use, just like it does now with land.

      I read that, and I fail to see exactly what you mean by the free market operating as well as it does in other areas. The free market can do very effective and powerful things, but, as we've seen with intellectual property, it can also be quite nasty. That example is fairly straightforward, because at least companies (and the people who run them) are being more or less rational in trying to maximize their own benefit. Other market inefficiences like the way black people and women are paid in this country for work of "comparable worth" to the work of white men -- which is to say, still significantly less. Therefore, I think the idea of property rights here is dangerous -- I don't think there is a lot of indication that either market forces working efficiently will produce an outcome that we'd like nor that the market will necessarily even be an efficent one.

      --
      Online citizen journalism from the inner city: The View From The Ground
    2. Re:Need not be a common good by MourningBlade · · Score: 1

      First off, excellent post. Thank you for providing something considered enough that we can have a conversation.

      So. The market offers no guarantee for the radio spectrum besides this: freedom.

      By this I mean that with your ownership you may do whatever you will, and that anyone has the possibility of owning bandwidth (ie there is no restriction but money), and this possibility grows ever more within reach[1].

      There is no other system which can promise that.

      In the other direction is central control. Planning. Allow me to use a rough form of an argument Hayek once suggested: if buying and selling to anyone who has the resources is not used as a method of allocation, then another method must be used. It does not matter what group administers the method for the following to be true:

      There will be exclusion, and there will be inclusion. It will be based on some factor or value viewed with favor by those who are in charge of disbursement. This factor will be judged by those in charge. Undoubtedly this factor will be viewed differently by many, and there will be no ultimate reference or algorithm for determining who precisely has more or less of it[2].

      The allocation will thus be arbitrary. When it is arbitrary, politics enters the situation: who is doing the judging is far more important than who is being judged. This isn't necessarily due to bad intentions: you and I might prefer that someone who thinks like us make the decisions. Or we might prefer someone we think of as "rational" to make the decisions. Both of those distinctions are arbitrary.

      The result is not freedom. Tyrrany of the majority, politics, arguments over meaning, etc, etc, etc.

      The question is: do you believe that spectrum allocation requires a system of beliefs and values, or that it should be used as people can imagine, and done with as they wish?

      [1] - I base this off of the observation that when you allow subdivision and re-sale and have permanent property rights, over time there will always be some small amount that will be available on the market, and the rise in valuation of small areas will create areas of little perceived value that will be available for speculation.

      [2] - After all, if there were an ultimate reference that everyone agreed upon for the disbursement of property, we wouldn't be having this argument....

  68. other nations. by theapodan · · Score: 1
    Something that I haven't seen mentioned explicitly in the commentary is the impact of international agreement on the allocation of radio spectrum. Privatizing radio allocations with a lottery system would not work because RF waves are not limited to geographical area. You cannot privatize something without limits, because private industry has no hope of any consistency across international borders.

    The FCC is a necessary agency, although they do seem a bit rash about Broadband over power lines, and other such issues facing amateur radio operators.

  69. My chinese mouse says ... by Anonymous Coward · · Score: 0
    This device complies with
    Part 15 of the FCC Rules.
    See instructioin manual. CE

    Too in many CD-R readers, DVD+-R readers, keyboards, wireless, WiFi, ...

    open4free ©

  70. Undue market influence caused the FCC's problems by puppetluva · · Score: 2, Insightful

    The article states that FCC doesn't work. . . but doesn't acknowledge that innappropriate market influence is the CAUSE of its problems. Knowing that, why not fix it instead of aboloshing it?

    Just because it is currently run by crooks doesn't mean that we don't need this regulatory body to watch over our shared communication resources. . . actually it means that market forces have actually CORRUPTED a regulatory body that was meant to defend the people's trust. . . and we should insulate it further from the markets.

    It's obvious. . . as far as media regulation goes, Michael Powell is the most popular girl in school. . . and its not because he's pretty.

  71. No FCC = a modern Nazi Germany media by Anonymous Coward · · Score: 0

    It would only be a matter of time after the FCC was eliminated that the media would consolidate itself into one giant monopoly that pushes their agenda as fact with no other places to view the other side of the story.

    The only difference is the person in charge won't hold an obvious title such as "minister of propaganda".

  72. I don't think so by Nonillion · · Score: 2, Insightful

    Abolish the FCC? I don't think so. If deregulation has taught us anything is that company's are incapable of regulating themselves. When the airwaves were in use before the FCC it was a war zone. Commercial, government and amateur radio operators were constantly fighting over RF turf. The FCC is there to regulate the spectrum so that everyone can have their chunk. The broadcast industry, government, amateur radio and unlicensed users can all have their pieces of RF spectrum and not interfere with each other. If the FCC were abolished, the RF spectrum would sound just like the CB band when the skip is in. The FCC needs to be given the funds to enforce the current rules, not to be abolished.

    --
    "I bow to no man" - Riddick
  73. Regulation from the bottom up by eyepeepackets · · Score: 1

    Regulation from the bottom up? Oh, he must mean like what we have with the current software situation, re: Microsoft.

    Oh yah baby, that has worked out _so_ very good.

    These free market dirtbags are the most dishonest crowd of clowns since the originators of belief based religions. The most important thing the free market clowns _always_ forget to mention is that the "free market" is an abstraction and is not ever present in the real world of humans and politics.

    --
    Everything in the Universe sucks: It's the law!
  74. Should political pundit trolls be abolished? by rush22 · · Score: 1

    This is the second time in as many weeks that "timothy" has posted "news" advocating the abolishment of the FCC. Maybe it's just the newb in me, but it seems kinda ridiculous that this is even a topic (especially considering the one-sideness of the editorial). Does slashdot normally have political pundit links? Let's have some balance on the issues timothy raises at least. :/

    Cartoon Guide to Federal Spectrum Policy

  75. Or so you think by aussie_a · · Score: 2, Insightful

    What gives you (or anyone else) the right to decide what is or isn't on television? The only people deciding should be the creators and distributors. If you don't like what you see, change the channel or, god forbid, turn it off. People don't need to be protected from content. People need the ability to choose what content they view. Censorship takes away my ability to choose.

    1. Re:Or so you think by Erwos · · Score: 1

      "People don't need to be protected from content."

      I would disagree. There are real, honest to G-d clinical studies showing that exposure to hard-core porn at an early age will cause problems for children.

      Should these children be watching TV unattended? Absolutely not. But, the fact is, some will be - and it's in our societies' best interest to protect them, especially considering the rather minimal infringements to your own freedom.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:Or so you think by Mao · · Score: 1

      ooooooh its a CLININCAL, and wait, true to G-D, study. It must be irrefutable, regardless of who sponsored it. I find it hard to believe that any scientific method can plausibly drew the conclusion that you cited.

      I would think that a child who was exposed to a significant amount of porn unattended at an early age probably wasn't living in your typical brady bunch family. I do believe that a mismanaged family can cause problem for a child, but not through porn per se.

      Unless of course your cited clinical study plucked 100 newborn, subjected 50 of them to mickey mouse the first three years of their lives, and the other 50 to hardcore porn the first three years of their lvies. Then wait 20 years, and see who's in jail, who commited suicide, and yadiyadiyada

      I doubt that is the case.

    3. Re:Or so you think by Anonymous Coward · · Score: 0

      "There are real, honest to G-d clinical studies showing that exposure to hard-core porn at an early age will cause problems for children."

      I call bullshit.

      Please provide evidence of these ground breaking results, or admit that you are talking out your ass.

      Where were these earth shatteringly reports done? What was the methodology? What controls have been provided? ... And no, "my Pastor said he read about them somewhere" is NOT a citation.

    4. Re:Or so you think by Erwos · · Score: 1

      OK, so you asked for it, I did a little Googling:
      http://www.mwsexual.com/readingroom/art icles/sexua lly-explicit.htm
      http://www.soc.ucsb.edu/sexinfo/ ?article=activity& refid=026

      I don't think I would qualify either of those sources as "religious". The fact that you believe this is earth-shattering indicates to me that you're in purposeful denial about how early sexual experiences can permenantly alter a child's psychology - I mean, geez, just listen to Loveline for a couple nights.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    5. Re:Or so you think by Erwos · · Score: 1

      http://www.louisville.edu/~oahead01/rpaper04.htm

      Another good one that I found.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    6. Re:Or so you think by Anonymous Coward · · Score: 0

      I would disagree. There are real, honest to G-d clinical studies showing that getting run over by a bus at an early age will cause problems for children.

      Should these children be wandering the streets unattended? Absolutely not. But, the fact is, some will be - and it's in our societies' best interest to protect them, especially considering the rather minimal infringements to your own freedom.

    7. Re:Or so you think by 0x0d0a · · Score: 1

      People don't need to be protected from content. People need the ability to choose what content they view. Censorship takes away my ability to choose.

      Absolutely.

      There were a *huge* number of Americans watching the Super Bowl halftime game that *didn't* want to see (or their children to see) Janet flashing the gamera. They were not informed that there would be nudity, and given the current state of affairs, reasonably expected to be informed of such if it was intended. Those people are exercising their right to choose what they would like to watch.

      When the FCC tries to ban porn on satellite or cable or the Internet, then I'll agree that you have a reasonable case. If *Ashcroft* was running the FCC, we would have seen this -- but fortunately, it's Michael Powell.

      If you want to see celebrities baring skin, there are plenty of vendors that will happily supply you with such content -- and you can do so without bothering those people who do find such content offensive.

    8. Re:Or so you think by Asterisk · · Score: 1

      Then it would be a good idea for parents not to let their children watch hard-core porn.

      In advocating government restrictions over broadcast content, are you suggesting that the government take over parents' responsibility to raise their children properly?

  76. Re:As Grandpa Al Lewis Once Said... by rush22 · · Score: 2, Informative

    The FCC isn't just a big censorship machine, it has good points too. That whole Howard Stern thing is ridiculous, and it would be hilarious if Oprah got fined, but don't overreact and decide to get rid of it just for that reason.

  77. I agree, however... by shaitand · · Score: 1

    I agree overall, however it's worth noting.

    "One fear is that some predatory monopolist, a Microsoft of the airwaves, would end up owning all of the spectrum. That won't happen. First, the market value of the spectrum would approach $1 trillion, out of the reach of any individual corporation. Second, antitrust laws would remain on the books. The Department of Justice could wield the Sherman Antitrust Act to challenge unlawful conduct and block mergers."

    Right, because we know how well the Sherman Antitrust Act worked for reigning in Microsoft.

  78. Re:As Grandpa Al Lewis Once Said... by deanj · · Score: 2, Informative

    You're complaining about the wrong guy. The FCC commissioner who is pushing this "indecency" thing is Michael Copps. Copps is the former chief of staff to South Carolina's Democratic Senator Ernest Hollings.

  79. Locke and Jefferson *should* be modded down by Anonymous Coward · · Score: 1, Insightful

    Women are equal too, you know.

    1. Re:Locke and Jefferson *should* be modded down by Anonymous Coward · · Score: 0

      But less than men of course.

  80. Mobile jammer by tbarrett · · Score: 0, Offtopic

    This would be sweet. Finally I could carry around a mobile jammer so some dickhead in the theatre doesn't interrupt the movie.

  81. A necessary function, very badly run at present by isdnip · · Score: 4, Interesting

    McCullagh's position on CNET is wrongheaded, and highly anticompetitive. His article actually cites Huber's book, which proposed converting existing radio station licenses into property, so that the licensee of an FM radio station instead ends up with chattel ownership of 200 kHz, to do what they want with it. It's a wingnut's fantasy, a huge transfer of public wealth (the radio spectrum) to private interests (licensees), with the current need to serve the "public interest" replaced by a total obeisance to shareholders' interests, in the name of doctrinaire laissez-faire capitalism. The current licensing system is obsolete, and the FCC's anti-indecensy crusade is nutty, but "property rights" just transfer the problem to courts that lack the FCC's technical staff expertise (some of which does still exist).

    But it's the telecom area that really needs attention. Yes, the Powell FCC is profoundly broken. It regulates by indirection, picking winners and losers privately and coming up with indirect ways to favor them. Its main beneficiaries are the lawyers who try to pick up after them. So one might think that the FCC's charter is broken, but that's not it at all. It's simply the leadership and the politics behind it; this FCC, much worse than its predecessor, is clearly led by a celebrity princeling who just doesn't get it. A change in leadership is necessary, not abolition.

    The reason is simply that the telecommunications industry is highly concentrated. The Incumbent Local Exchange Carriers have monopoly power. In the European Union, IIRC, a company with a 25% market share is suspected of having monopoly power, and scrutinized for abuses thereof. The USA is very, very loose on antitrust regulation, and the ILEC monopolies were granted legally, so the antitrust laws only (per the Supreme Court's recent Trinko decision) apply to attempts to extend the monopolies into new areas. Demonopolization is entirely the province of the Telecom Act, not antitrust. And the Telecom Act puts the FCC in the lead. Without regulation, a monopoly will simply squash competitors. This is particularly true in telecom for two reasons. One is the "natural monopoly". This refers to the case where a given industry has large economies of scale and a dominant provider. The unit cost of the dominant provider is thus lower than that of a new competitor, so the economics of competition are dismal.

    The other reason is the network effect: A network's value rises with the number of users that it reaches. Federal regulations, enforced by the FCC, require *interconnection* between networks. A CLEC with ten customers can interconnect as a peer with the incumbent. The incumbent, of course, has no interest in allowing this. The incumbent, absent regulation, would shut off interconnection to its competitors in a heartbeat. This wouldn't occur if the incumbent's market share were small, but it's necessary to force interconnection *until* the monopoly is broken, and the ex-monopoly has a pecuniary interest in retaining interconnection.

    The Internet has no dominant player, so everyone willingly interconnects. Worldcom wasn't allowed to buy Sprint, largely for that reason. In an FCC-less fully-deregulated world, Verizon and SBC would not be so kind. They might deign to permit competitors to purchase access to their networks, as premium-priced customers rather than peers, if they thought it was profitable enough. That's hardly a way to get competition though.

    Remember, the only reason the public Internet exists is because the FCC, over the *strenuous* objections of the Bell System, overrode restrictions on "sharing" of leased lines. Before that, non-common-carrier networks (like the Internet) could not be run between customers. Leased lines, necessary for high-speed data, were limited to intra-company use. And the FCC, over the *strenuous* objections of ILECs nationwide, overrode restrictions on "foreign attachments", devices like modems, answering machines, telephone sets, and PBXs. Before 1

    1. Re:A necessary function, very badly run at present by conradp · · Score: 1
      Remember, the only reason the public Internet exists is because the FCC, over the *strenuous* objections of the Bell System, overrode restrictions on "sharing" of leased lines.
      This is absurd, trying to justify the FCC's existence by pointing out that at one point it did not yield to industry pressure and rolled back some of its own regulations. Hooray, we're all glad they did the right thing in that case, but who do you think made those absurd rules restricting "sharing" of leased lines in the first place? Who do you think enforced the Bells' monopoly? According to this website, up until 1968:
      Backed by Federal Communications Commission (FCC) regulations, AT&T did not allow users to attach devices to connect their telephones to two-way radios or computers and it did its best to block competition into the long-distance telephone market.
      So the FCC regulations, and the FCC being "in bed" with AT&T, were the root causes of the problem in the first place! It was absurd that those regulations existed in the first place, and without them the Bells would have had no say and no one would have needed to wait for the FCC to repeal its rules to start building the internet.

      This is like saying, after the mob halves the amount that it extorts from you for "protection" money: "well without the mob, we'd still be paying *twice* as much for 'protection'!"

      And to all those people who think we just need to "clean house" at the FCC and put good people in charge, please wake up: the FCC has been in bed with industry for years and will continue to do so for as long as it exists, because joe cell phone or internet user doesn't hire lobbyists.

      Eliminate the FCC, and start over with a tiny organization that just allocates spectrum.
      --
      "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
    2. Re:A necessary function, very badly run at present by Whatever99 · · Score: 1

      conradp that was a great post. Outstanding.

    3. Re:A necessary function, very badly run at present by 0x0d0a · · Score: 1

      FCC's anti-indecensy crusade is nutty, but "property rights" just transfer the problem to courts that lack the FCC's technical staff expertise (some of which does still exist).

      AFAICT, the only thing that the Powell FCC has done that's irritated anyone is the very recent Janet Jackson tits thing, which apparently got Powell lots of complaints. Probably the only reason that the FCC got involved is because (a) the Bush administration, which has the ability to get rid of Powell, ran on a morality platform and is absolutely not interested in being associated with flashing being allowed during the most-watched family event in the United States and (b) people were engaging in a knee-jerk reaction to being very surprised by something that clearly was not supposed to be shown (regardless of whether it should or shouldn't be allowed or be an issue, a lot of people *didn't* want to see a shot of Janet flashing the camera). Also, keep in mind that the decency laws were made *way* before Powell's watch.

      Powell has been strongly against the FCC regulating the Internet. It's probably only because of a few intelligent people that have pushed to avoid Internet regulation that we don't have a morass of laws quashing Internet growth today.

    4. Re:A necessary function, very badly run at present by rcw-home · · Score: 1
      Remember, the only reason the public Internet exists is because the FCC, over the *strenuous* objections of the Bell System, overrode restrictions on "sharing" of leased lines.

      Recently it seems the FTC is taking more of these kinds of actions than the FCC. The FTC seems just as well-equipped to regulate natural monopolies like ILECs as the FCC.

    5. Re:A necessary function, very badly run at present by Anonymous Coward · · Score: 0

      With the poorly named "Computer Inquiry I II & III" the FCC created rules to prevent the Bell System from commercially participating in computing. In other words, communication network attached computers provided by the the monopoly on communication was not allowed.

      Without this legislation we might have had the Internet 10 years earlier, and it would have been designed for commercial purposes with real Quality of Service (QoS) guarantees (read five nines reliability for your connections). Instead we have the piece of shit IP protocols, designed by academic around communist resource allocation principals. While they do get the packets there eventually it is inefficient (compared to telephony equipment), and prone to misuse (did I say communism)... Ever seen a practical DoS attack on a telephone switch? The phone company used to call that "good business".

      The FCC is more evil than Microsoft ever was.

    6. Re:A necessary function, very badly run at present by isdnip · · Score: 1

      You misunderstood what happened. AT&T did not want sharing and resale. The FCC allowed them to maintain that restriction in their tariffs for some years. Then, in the mid-1970s, as the dawn of competition was breaking, the FCC ordered AT&T and the other telcos to drop that restriction. Left to their own, AT&T would have simply shut off service to anyone who did something they didn't like, like sharing. The FCC reined them in.

      Most state regulators, and indeed, the FCC, are often mouthpieces for the industries they regulated. But there have been times when regulators did their job and actually regulated; that's when progress happens.

  82. The FCC is bad mmmmm'kay? by Crazy_MYKL · · Score: 0, Offtopic

    DISCLAIMER : I am a Libertarian and this MAY be a rant.

    I believe that the government should not have control over the media. Period.

    The airwaves wouldn't fall into disarray if it ceased to be, too many companies have too big a stake in media to allow it to fail. No, Chicken Little, if Nanny Government leaves, the sky will NOT begin falling.

    The Government has no right to tell me what I can and cannot view. The Government has no duty to protect children from an exposed breast during the superbowl. The parents of a child old enough to watch and understand the game of (American) football, certianly should have explained at least that much of the facts of life to said child, or they are not very good at parenting.

    --


    <jedi> There is something funny here. You laugh. </jedi>
    1. Re:The FCC is bad mmmmm'kay? by Crazy_MYKL · · Score: 1

      Offtopic?

      How is my stating that the FCC should not exist because the government should not control the media offtopic, given the context?

      --


      <jedi> There is something funny here. You laugh. </jedi>
  83. Great idea! by Everleet · · Score: 1

    Now I can rig a transmitter to detect commercials on my local radio stations, and override them with a blank signal. Everyone will love me!

    --
    It's tragic. Laugh.
  84. That's exactly what I was going to say! by HarveyBirdman · · Score: 1

    Really!

    --
    --- Ban humanity.
  85. Looking Back At Trusts by lcnxw · · Score: 1

    We want less government intervention and more control by businesses. ok. If we look at history (a little further back than the birth of the FCC) we will see the birth of Sherman Antitrust Act, which was passed because businesses controlled the economy and government too much.

    We assume that the companies (big and small) have the end-user's interests forefront in their minds. I feel that they only desire to make the greatest profit possible, and that the antitrust laws could become useless if the corporations control the government (they were once usless, along with the interstate commerce act of 1887 which had no power unless there was someone to enforce it).

    As much as I value free speech, I can't think that the hands of corporations are any cleaner than the hands of the FCC.

  86. Re:Declan McCullah what do you expect? by RvLeshrac · · Score: 1

    I'm wondering what you're referring to in regards to CMU... While he appears to be in Clearchannel's pocket with regards to the FCC, all the articles I can find from CMU show McCullah as being AGAINST CMU's newsgroup censorship.

    --
    This signature does not exist. It has never existed. It is all a figment of your imagination.
  87. Liberty by Infonaut · · Score: 2, Interesting
    Liberty requires no justification.

    Sadly in the America of 2004, it does. A lot of Americans seem to have a completely skewed view of what the word really means. It's no longer about being able to say what you want or think what you want, it's about being able to buy what you want when you want it.

    We are all taught about Washington chopping down cherry trees, but precious little about Patrick Henry.

    --
    Read the EFF's Fair Use FAQ
  88. STFU by Lord+Kano · · Score: 1

    I was with you until I got to this little gem.

    National tv with children watching and people feel the need to "push the envenlope."

    It was a breast for God's sake! In case you didn't know, children are supposed to suckle. That means put a nipple into their mouths and suck on it. Children are supposed to see breasts. It wasn't the end of the world.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  89. Monty Python by Anonymous Coward · · Score: 0

    I agree with Eric Idle's assessment of the FCC (warning: explicit lyrics)

  90. BULL! by Anonymous Coward · · Score: 1, Interesting

    Quoted:

    >Even ardent supporters of the FCC should admit >that there's less justification for its existence >after the Telecommunications Act of 1996, which >removed some barriers to competition. Local phone >customers don't need to worry about the Bells' >monopolistic practices, because they effectively >aren't monopolies anymore. Cable customers don't >need to worry much about monopolistic practices >because of satellite TV. Eventually, fiber >connections will transport every kind of data.

    BULLSHIT. The local incumbent monoply telcos are still in full force, bending and breaking the competition rules at every turn. They are even trying to repeal key provisions of the 96 Telco act.

    And satellite service is still not quite a suitable alternative to cable. For one you've generally got to lock into a year long (or more) contract, for another they wont bill you, you have to give them a way to suck money from you at their will (Credit Card or Direct account debit only), for another, the high speed Internet service is overpriced and underpowered.

    The incumbent telcos still need MUCH more leverage placed against them to ever get meaningful competition for basic wireline phone service (as well as broadband over copper), and the cable companies should be forced to allow competition, and actively compete with each other. Yes, there are multiple cable companies, but they dont compete against either other, as each one has an almost complete lock on its respective territory, it is unheard of to have a choice between providers except in a few highly dense population centers. Telco competition is *slightly* better, but again, only in the areas of more dense population, and even then the incumbent pulls every direty trick it can get away with to undermine the newcomers.

  91. Pushing the envelope... by PaulBu · · Score: 1

    National tv with children watching and people feel the need to "push the envenlope."

    And? Do you think someone would try to "push the envelope" that hard if there were an (practically empty and available) channel 0.1 GHz away (easily accessible from your receiving equipment) which would be *dedicated* to showing J.J.s titties?

    Seriously, when you put any kind of regulation of *technology* (that being clay tablets, print press, photography, airwaves or our good new I'net) for the explicit purpose of regulating *morality*, you are on a very slippery slope, and the slide down is not too satisfying.

    As of abolishing of the FCC, I guess Ayn Rand wrote about the same idea, like what?, 40 years ago... I am surprized that none of the libertarian folks out here have jumped on the bandwagon so far.

    Paul B.

    Speaking of "children" and "breasts" --- Wow! what a horrible thought!!! Of course those big mounds of flesh were created *solely* for the purposes of showing them in naughty videos, really! ;-/

  92. Well... by VirtuaKnight · · Score: 1

    Since they couldn't even decide on a single DVD format, you have to wonder what they're good for besides limiting the radio frequencies we can use.

  93. Rupert Murdoch asking to abolish the FCC by djve · · Score: 2, Informative

    Now correct me if I'm wrong but News.Com is part of the Fox network isn't it? And Fox is owned, well controlled at least, by Rupert Murdoch and his progeny.

    Murdoch was known in Australia to be ruthless if you didn't toe the company line.

    To me this is manipulation of public opinion by another corporate soveriegn territory. It may get through but I think it's a bad idea. But I'm against such moves by GE, Sony, M$, Siemens, SAP, HP, IBM, add favourite monolithic giant here.

    --
    "There is magic in the web." - Othello Act 3 Scene 4.
  94. Should the FCC be abolished? by nt2ldap · · Score: 1

    Yes. The FCC, like most quasi-legislative administrative agencies (e.g. SEC, EPA) has outlived its usefulness. It now serves mostly the interests of the big media/telecom conglomerates it is supposed to regulate, and often acts to soften the impact of Congressional legislation directed against particular abuses. The favoring of commercial interest over public safety in assigning new radio frequencies is only the most outrageous example that comes to mind (the FCC's failure to provide enough radio frequencies for public safety was cited by NYC officials as a major cause of fire and police communications problems on 9/11). The Treasury Department can handle the licensing and enforcement functions performed by the FCC, developing this as a source of revenue -- while giving preference to public entities when scarce resources are being divided. Congress should take responsibility for lawmaking in these areas, instead of delegating legislative authority to an agency of unelected bureaucrats.

  95. 2 shining examples by blueforce · · Score: 5, Insightful

    1. 2-way radio Licensing
    2. my DSL connection.


    Any person can walk into the local Walmart Super store or the local five and dime and purchase a pair of "5-mile, 22 channel (8 GMRS, 14 FRS) 2-way radios" and a pack of batteries for about $30 US, walk out to the parking lot and start using them - all at risk of fines, and possible federal prison time because you have to be 18 and obtain an FCC license for the GMRS bands. From fcc.gov "The General Mobile Radio Service (GMRS) is a land-mobile radio service available for short-distance two-way communications to facilitate the activities of an adult individual and his or her immediate family members, including a spouse, children, parents, grandparents, aunts, uncles, nephews, nieces, and in-laws (47 CFR 95.179). Normally, as a GMRS system licensee, you and your family members would communicate among yourselves over the general area of your residence or during recreational group outings, such as camping or hiking."

    Here's the list of prohibited uses of the GMRS band: (For your reference, a station is defined as any unit, stationary or mobile, capable of broadcasting on the GMRS frequencies.)


    (a) A station operator must not communicate:
    (1) Messages for hire, whether the remuneration received is direct
    or indirect;
    (2) Messages in connection with any activity which is against
    Federal, State, or local law;
    (3) False or deceptive messages;
    (4) Coded messages or messages with hidden meanings (``10 codes''
    are permissible);
    (5) Intentional interference;
    (6) Music, whistling, sound effects or material to amuse or
    entertain;
    (7) Obscene, profane or indecent words, language or meaning;
    (8) Advertisements or offers for the sale of goods or services;
    (9) Advertisements for a political candidate or political campaign
    (messages about the campaign business may be communicated);
    (10) International distress signals, such as the word ``Mayday''
    (except when on a ship, aircraft or other vehicle in immediate danger to
    ask for help);
    (11) Programs (live or delayed) intended for radio or television
    station broadcast;
    (12) Messages which are both conveyed by a wireline control link and
    transmitted by a GMRS station;
    (13) Messages (except emergency messages) to any station in the
    Amateur Radio Service, to any unauthorized station, or to any foreign
    station;
    (14) Continuous or uninterrupted transmissions, except for
    communications involving the immediate safety of life or property;
    (15) Messages for public address systems.
    (b) A station operator in a GMRS system licensed to a telephone
    answering service must not transmit any communications to customers of
    the telephone answering service.

    I guess "Jimmy's a big fat doodie-head violates #3 and who's advertsing jobs on their walkie-talkie anyway?

    Lastly, my DSL connection. My local telco is Verizon and the CO is just under a mile from here. Verizon won't offer DSL in our area - I have to get it through a local ISP. The ISP charges me $35 per month for access; Verizon pops $37.50 + $5.70 tax on my monthly phone bill for "Advanced Data Services Charges" for a grand total of $78.20 per month to get 768/128 ADSL. Whether I get it from Verizon or a third-party, I'm paying Verizon's monthly fee. There is no other broadband choice around here and Verizon must know it. I called them one day to ask why I can't purchase the DSL from them or why they won't offer it in this area, the response was "Our circuits are all full so we can't offer it in your area." I'm pretty sure that fits Webster's definition of extortion.

    --
    If you do what you always did, you get what you always got.
    1. Re:2 shining examples by Chanc_Gorkon · · Score: 1

      One thign I wished the FCC should do with GMRS is onthose radios with GMRS abilities, make the licensing statement LARGE! Also the manufaturers should make it easy for FRS users to lock out the GMRS channels. BTW, if you are under 18 and your father has a license, you can use GMRS.

      --

      Gorkman

    2. Re:2 shining examples by poot_rootbeer · · Score: 1

      I'm pretty sure that fits Webster's definition of extortion.

      No, I'm pretty sure the definition you're looking for is "Internet service not being subject to government accessibility regulations, Verizon has no obligation to offer you service directly, or even at all." Sounds to me like they already sold the rights to offer Internet service in your area to that ISP, which is why their "circuits are full" -- maybe they're not all ACTIVE, but they're all SPOKEN FOR already.

      What's with the sense of entitlement?

    3. Re:2 shining examples by MrBlackBand · · Score: 1
      What's with the sense of entitlement?

      So now the desire to not be screwed by corporations is "entitlement"?

      Sounds to me like they already sold the rights to offer Internet service in your area to that ISP...

      Then why is Verizon tacking on extra fees? If they sold the rights to the local ISP then they shouldn't be able to tack on anymore fees.

      The point is that Verizon has a monopoly on DSL service in his area. He still has to pay Verizon even though he's going through a third party to get his DSL.

      --
      "It is difficult to get a man to understand something when his salary depends upon his not understanding it."
    4. Re:2 shining examples by blueforce · · Score: 1

      There is no *sense of entitlement* as you put it.

      Apparently, I was raised with a sense of right and wrong, not the Montgomery Burns "stiff everybody for everything you can get just because you can" mentality.

      I'll agree that in most respects, internet access is considered a luxury like television but is this the program our president is pushing for - affordable broadband for everyone. Just because I'm fortunate enough to afford it, nearly everyone in my town of 4000 - a blue collar industrial town - can not afford it, our kids and our schools suffer because almost none of the them have the same access to the internet that kids in neighboring towns and school districs have. The town I live in is the farthest north that Verizon comes - after us, it's SBC where the same ISP I get my DSL from offers the same packages for literally half the cost and SBC doesn't add any additional fees to it. It's a simple case of there's no additional value in it, it's priced that way because they can. You can live 10 miles down the road and get the exact same access through the same ISP for almost 1/3 the price I pay.

      Just because you *can* do something doesn't make it right does it? Do you believe they'd charge the same fees if I could get the same access for 1/3 the cost? Doubtful, they'd price themselves out of competition. But, there is no competition and there is no choice so, aside from disconnecting or not signing up, what can one do? What's with my sense of entitlement? You completely missed the point. I don't think I'm entitled to their DSL, I think I'm entitled to equitable choices but de-regulation and people like you prevent that.

      --
      If you do what you always did, you get what you always got.
  96. Re:FP by Spruce+Moose · · Score: 1

    You're new here aren't you?

  97. Yes, Powell. Blame. Period. by MooseByte · · Score: 1

    "Powell cannot be blamed for the consolidation of radio broadcasters. He didn't set that into motion... in fact, you can't even blame the Bush administration."

    Wow, is this a troll or do you really believe that? If the latter, where were you last summer?

    "In the months leading up to the vote, the FCC received hundreds of thousands of postcards and e-mails, urging it to not relax the rules. ... Over the summer, Republicans and Democrats in both houses of Congress moved against the new rules, defying a promised veto from the White House."

    Bipartisan defiance in BOTH houses of Congress? Hundreds of thousands of comments from the public? Yeah, Chairman Powell is direcly to blame. Period. He really screwed the pooch on that one. Problem is, we were all the pooch.

  98. what an idiot by jtilak · · Score: 0, Flamebait

    "One fear is that some predatory monopolist, a Microsoft of the airwaves, would end up owning all of the spectrum. That won't happen. First, the market value of the spectrum would approach $1 trillion, out of the reach of any individual corporation. Second, antitrust laws would remain on the books. The Department of Justice could wield the Sherman Antitrust Act to challenge unlawful conduct and block mergers."

    YES WE ALL KNOW HOW EFFECTIVE ANTITRUST LAWS AND THE DOJ ARE AT KEEPING CORPORATIONS FROM GETTING TOO BIG AND POWERFUL. FUCKING MORON.

  99. The Evil of the Breast by localman · · Score: 1

    Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

    I am wondering -- is there any evidence anywhere indicating that the sight of a female breast at any age is in the remotest sense damaging to the psyche?

    I am litterally floored by the reaction to this over the past several months. As a US born citizen, I know this country is f*d up beyond all belief when it comes to sexuality, but I really thought we might have let this slide after a few weeks of outrage. I am truly astounded that this event is still brought up as ammunition for anything.

    Even the most prudish, uptight, puritanical among you: can you honestly claim that there are people who are going to live a worse life for this? That someone was hurt in a tangible way? Can you explain this to me in terms that a terrible hethen like myself might understand?

    If not, then please live and let live for God's sake.

    Cheers.

    1. Re:The Evil of the Breast by n6kuy · · Score: 0

      > is there any evidence anywhere indicating that the
      > sight of a female breast at any age is in the
      > remotest sense damaging to the psyche?

      Yes. There's lots of evidence that porn is bad.

      ..and it's not merely "the sight of a female breast" that's at issue. There's a context wrapped around the bared breast in question that puts the incident in the porn category.

      > I know this country is f*d up beyond all belief when it comes to sexuality...

      I agree. The fact that such a halftime show happened is evidence of this.

      > ...can you honestly claim that there are people
      > who are going to live a worse life for this?
      > That someone was hurt in a tangible way?

      How 'bout if I took a piss in the community water supply. Would that significantly pollute the water to the extent that it would cause someone harm? Prolly not. But what if eveyone started pissing in the drinking water?

      --
      If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
    2. Re:The Evil of the Breast by localman · · Score: 1

      Oh for Christ's sake, go back to the dark ages and burn some witches.

      The event in question hardly qualified as porn. Every child who saw it has already gotten over it, except those whose parents haven't let the issue go.

      The US has one of the most uptight and restrictive social concepts of sex of any western civilized nation, thanks to people like you. But we have the highest teen pregnancy rate. Also as we've become less uptight over the past several decades, our teen pregnancy rate has gone down.

      If you think pissing in a water supply is similar in impact or violation level to exposing a breast, you're insane. And if your comment was merely an attempt to indicate this issue is a slipperly slope, you're just wrong. Cultures with more lax attitudes about sex haven't collapsed morally and in fact usually have less sexual crime and related problems.

      Good luck in life. Hope you get laid some day.

  100. Wait, here's one... by Anonymous Coward · · Score: 0

    Should the Supreme Court and Congress be abolished?

    It's just as likely...

  101. Re:"TALK HARD!" by Anonymous Coward · · Score: 0

    - Hard Harry, Pump Up The Volume (the movie)

    Actually it was "Happy Harry Hard-on." For the moderator that moderated it down--the quote is from a movie about a guy running a pirate radio station and the FCC tracking him down.

  102. I will though... by PaulBu · · Score: 4, Insightful

    I fail to see how what happened is a case of free-speech. Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship.

    The classic example of possible cause for supressing free speech is "shouting 'Fire!' in the full theater", which puts others in the situation of some "clear and eminent danger". PLEASE tell me what clear danger comes out of the broadcasting of the aforementioned boob of Ms. Jackson?

    If you can not, a bonus question for you: How "one particular type of broadcast" is different from *THAT* other one? ;-)
    Paul B.

    P.S. I can understand (thgough not necessarily agree with the existance) of a Gov't body impartially providing the applicants licenses on a 'first come, first served" basis, but the amount of the discussion of J.J.'s tit in this context makes me wonder if it is the /, I am reading...

  103. Privatizing Spectrum is a Terrible Idea by Dr.+Mu · · Score: 2, Insightful

    This country has a legitimate interest in owning and regulating radio frequency spectrum. Privatizing it and selling it off to the highest bidders would be like selling our national parks to private industry. Consider this: frequency is but one way to carve up this limited resource. And such partitioning is based on analog electronic thinking, using passive filter methods dating back to the 20's. The dawn of digital radio techniques, including spread spectrum, CDMA, and ultrawideband, makes manifest how old-fashioned an idea frequency allocation is. If we carved up and sold off spectrum based on frequency allocations, we'd be denying access to these new technologies forever.

  104. Self-regulation. Hmmmmm. by Anonymous Coward · · Score: 1, Funny

    You know, self-regulation sure worked great for the California electrical system. Why not try it for the airwaves next?

  105. MOD PARENT UP., PLEASE! by PaulBu · · Score: 1

    ... having my mod points but rather decided to participate in the discussion...

    A *big guy* with a *big antenna* is not too much different from equally *big* guy with almost as big a truck plowing over your land, but that issue was somehow settled in, oh, so pre-last-century...

    Paul B.

  106. Emergency Services by darkpixel2k · · Score: 2, Insightful

    Maybe I didn't entirely understand the article, but I work for a county ambulance service. We couldn't afford to spend tons of money to purchase the four or five radio frequencies we currently use.

    The local fire departments are all volunteer. The one in my town has a yearly budget of just over $15,000. They couldn't afford to bid against companies like AT&T for a slice of radio spectrum...

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  107. Elections by Mark_MF-WN · · Score: 1

    Why not publically elect the directors of the FCC? Public elections to these kinds of offices seem to work out fairly well in municipal governments and in parlimentary democracies.

    1. Re:Elections by Moofie · · Score: 1

      You must be mad. Did you see what happened last time we had an election here?

      (Just a joke, folks.)

      --
      Why yes, I AM a rocket scientist!
    2. Re:Elections by DunbarTheInept · · Score: 1

      It's better to not have such an agency in the first place than to have it and hope that democratically electing it's leader will curb it's power. I am against the FCC as it exists *today*, but an organization that does just what the FCC was originally meant to do, and no more, is still a good idea. While one way to get from here to there is to try to scale back the FCC, another way is to demolish it and replace it with something newer and smaller. Given human nature, it's probably easier to get there by starting anew than by taking an existing group and telling it to change it's methods. We still need an ability to register who is broadcasting where and we need the ability to make it illegal for someone to drown out your signal. The problem is that this requires some governmentally recognized concept of owning pieces of the spectrum as if they were property, and that's what the FCC was originally supposed to be for. The problem is that instead of ending up "owning" your channel you ended up only "renting" it from the government, via your FCC license, and they have the ability to evict you just like a landlord does. And through that abilty, they ended up controlling content. What is needed is a way to actually OWN a slice of the spectrum, with all the inherent rights that property ownership entails.

      The difficulty with this is that radio spectrum is a very tight, tight piece of real estate, and you can't easily slice it up into thinner peices than it already has been. It's not sprawling all over like land ownership is, and therefore only a few people will be able to own pieces of the airwaves. If only a few people own the airwaves, this
      isn't *necessarily* a bad thing if slander and libel laws are being properly enforced so they can't get away with lying in public, which is something our government has been lax on.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  108. Did not you find it surprizing... by PaulBu · · Score: 1

    .. to get this reaction from /.?

    Or from the democats, for that matter?...

    Paul B.

  109. RE: to FCC or not to FCC by King_TJ · · Score: 1

    Although the argument that "the FCC is necessary to stop devices from interfering with each other" sounds convincing at first - I'm not so sure it's true.

    Right now, we have to put up with a number of compromises that came about precisely BECAUSE the FCC controls the alloted spectrum, and multiple technologies and devices had to share the same little slice of it. (EG. Bluetooth and wi-fi both use the same part of the spectrum, so they have to be designed so they keep stepping out of each other's way when both are enabled simultaneously on a computer. This just serves to make them both slower than they'd otherwise be, and causes occasional conflicts/problems.)

    Furthermore, it's going to be in the best interest of a manufacturer to make sure a given device works without lots of interference and unreliability. If I build computer monitors, for example, I'm not going to want them leaking out so much interference that people's cellphones don't work when they're sitting in front of their machines. Pretty soon, word would get out about my poor quality monitors and people would quit buying them! I think the FCC's present "mandates" on interference could be reduced to a set of govt. provided guidelines that designers would be strongly encouraged to adhere to, for best results.

    I *really* think the FCC oversteps its usefulness when it comes to censorship of public broadcasts. Quite frankly, I think all of this should be strictly between the producers, the broadcasters, and the listening/viewing public. Don't like the offensive content on your local radio station? Write them and tell them so! Don't go running to the govt./FCC and begging them to strong-arm the broadcaster with a fine. That's a pretty socialist way to deal with one's issues, IMHO.

  110. Re: More timothy posts by rush22 · · Score: 1

    Also posted the politically charged Bruce Sterling On Lovelock's Pro-Nuclear Stance, linking a Sci-Fi writer's rant blog to prove that "all anti-nuclear people are stupid ranters." That one actually worked too, everyone talked about how Sterling was a reactionary crazy, and therefore the other stupid argument (the one Sterling was ranting about) was more accepted by people--at least it seemed that way to me.

  111. Global replace by MooseByte · · Score: 1

    s/radio/media/g

  112. Naturally by Mark_MF-WN · · Score: 2

    The right to liberty is one of the things generally held to be self evident. In fact, I believe words to that affect played a major part in the creation of a certain large semi-rectangular nation that we all know and love/hate.

  113. Accident? by SuperKendall · · Score: 1

    I'm sorry, but I have HDTV and that was no "accident". I don't mind nudity myself, but what makes you think ABC was not trying to push the edges and got caught? If you watched the whle thing you'll note that particular moment fit right in with the rest of the already very explicit material.

    I don't know about you but I don't own many clothes where pieces covering my nipple just come off "by accident" and I don't often wear pasties while sauntering around in normal clothes. All of these elements paint a pretty damning picture, thus the severe punishment.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  114. The FCC should be limited to technical enforcement by antispam_ben · · Score: 1

    ... such as a station's transmission power and modulation limits. This is needed for international cooperation/coordination of frequency bands.
    Having it regulate content and insuring "wholesome standards" of broadcast content should be beyond its scope. If we (the USA) are to be anal retentive enough to regulate content, this should be done by a separate agency, perhaps the [cringe] "Communicastions Security Agency" (analogous to the Transportation Security Agency)... perhaps it's better not to regulate content at all, and let each listener/viewer decide appropriateness.
    "Viewer discretion is ALWAYS advised."

    --
    Tag lost or not installed.
  115. Why we can abolish the FCC by Anonymous Coward · · Score: 0

    https://gullfoss2.fcc.gov/prod/oet/cf/eas/reports/ TestFirmSearch.cfm

    click on "start search"

    You will see 600+ reasons why you can get rid of the FCC.

  116. Dear librarians by rollingrock · · Score: 1

    Please allow Ice Station Zebra to check out a copy of the dictionary so that he may learn how to spell the word 'libertarians'.

    1. Re:Dear librarians by Rick+and+Roll · · Score: 1

      Also, please allow him to check out an encyclopedia so that he may learn that libertarians almost universally believe that police are a necessary part of government (and should not be run by business).

    2. Re:Dear librarians by Anonymous Coward · · Score: 0

      Wrong. Plenty of libertarians believe police should be privatized for better rates / coverage / etc.

  117. An (entirely hypothetical) situation... by PaulBu · · Score: 2, Interesting

    Basically, the market can decide if Playboy Radio on XM is something they want to support or not... but nobody is forced to listen to that, you can't even accidently tune it on an XM device unless you're paying a monthly fee and then an extra monthly fee for that one channel.

    What if someone (out of the kindness of their hearts!) would decide to give away XM radio receivers to anyone asking? No, I do not mean anyone associated with the apparently indecent ones on this mentioned radio program, just _someone_? Will your argument still hold? Can you still give your old 386 to a kid knowing that it can be used for indecent purposes?

    And, after all, where is the boundary between "public" and "private" in something neither of us can hold in our hands or show to others and say "this is mine!"?

    Paul B.

    1. Re:An (entirely hypothetical) situation... by Anonymous Coward · · Score: 0

      Let me give you a hint- when you have to resort to crap like this in your arguments, it means that YOU LOST.

      thx

    2. Re:An (entirely hypothetical) situation... by MourningBlade · · Score: 1

      The question of "where is the boundary between 'public' and 'private'" is a good one. Particularly in ephemera.

      I think, though, that part of the problem is the establishment of broadcast television as a "public" forum. No one really considers subscription porn sites to be a public area, but subscription television seems to be another matter.

      I personally believe that if a broadcaster is attempting to control who can and who cannot receive their transmissions (through technical measures such as encryption. I am NOT in favor of making general receivers illegal. It's not effective anyways), then they should be considered a private forum and be granted the protections that private life affords.

      After all, if someone gives usernames and passwords to porn sites away to people out of the kindness of their...hearts (and they are not the proprieters of the porn site), then would you say that the porn site is still responsible for the eyes viewing the material illegally?

  118. No way... by KC7GR · · Score: 2, Interesting

    The Civil Aeronautics Board was abolished. Look what the resultant deregulation did to the airlines. How many have gone bankrupt since 1980? And of course, we're all seeing what wonderful customer service and convenient schedules and routes the deregulated airlines are providing.

    We tried trusting the DMA to meet with the Internet community to define what spam is, and work with said community to promote anti-spam legislation with real teeth in it (unlike the YOU-CAN-SPAM act). The DMA paid lip service to the concerns expressed at the meeting, and then later betrayed everyone except their own members and interests by endorsing spam as "commercial free speech."

    They continued on to promote the idea that the industry could regulate itself. Look where E-mail is today with the DMA's much-hyped idea of "self-regulation" of E-mail "marketing."

    Even the Amateur Radio Service, supposedly self-regulating, is having its share of problems.

    Do we really, REALLY want to trust the broadcasters and mass media to regulate themselves?

    I don't think so. The biggest problem with the FCC right now is that its chief commissioner, Michael Powell, is a Bush crony who has no more of a grip on common sense and technical realities than the Shrub himself. Get rid of Powell, and replace the commissioners that are part of his little circle, and I would wager that things would start improving practically overnight.

    --

    Bruce Lane, KC7GR,

    Blue Feather Technologies

  119. Not a good example by hung_himself · · Score: 1

    Airline fares, for example, were set by the government, instead of market prices.

    Now the government just subsidizes them through infrastructure, tax breaks, and direct bailouts without requiring much in return. The airlines still try to make as much money as possible but not by being the most efficient necessarily but by exploiting the weaknesses of the new system. The best examples are points, and the incomprehensible seat pricing system designed to take advantage of the indirectly subsidized business travel.

    Yes it may be easier to make money in this mis-regulated environment but is the public better served? Have safety, convenience, service improved for the average traveller who can't write off business class?

    No, it is not a free market - more of a free lunch (or at least a tax-deductable one...)

    1. Re:Not a good example by BCW2 · · Score: 1

      Thats my point. Short term greed seems to overcome common sense. These people don't know how to do "real" business. They can't be trusted to do the right thing, and the taxpayers end up taking a bath to bail them out.

      The bankruptcy system doesn't help either. Example: Burlington, filed for bankruptcy protection, no problem. Then the judge gives a multi-million dollar bonus to keep upper management to save the company. These are the same clowns that ran it into the ground, and they get rewarded! This is common in all large companies that go this route.

      The airlines are a complete joke. Service, times and the rest have gone down the tubes. You don't even want to know where the cuts are in maintenance to fund the failing business model. It's always the taxpayer that pays in the end.

      --
      Professional Politicians are not the solution, they ARE the problem.
  120. What do you mean "deregulation"? by Ungrounded+Lightning · · Score: 4, Insightful

    Deregulation gave us the horrible consolidation that has six or seven companies owning all media.

    Since when was that "deregulation"? That's like saying the electrical rate crisis in California was caused by "deregulation", when it was actually caused by changes to regulations that resulted in mandating a trap for the distribution utility and the consumers.

    The FCC still controls the licenses - and effectively bans the entry of new broadcasters. You can't buy a license for any price, though there are plenty of slots available and (the last time I checked) broadcasting has THE highest return-on-investment of ANY industry.

    Complicated problems result from applying complicated solutions to simple problems. This is nowhere more visible than in government.

    When you have a complicated web of regulations, removing one of them while leaving the rest in place can be like removing one brick from a tottering building. The result can be FAR worse than either what preceeded it OR the complete removal of the building. But the real problem was nevertheless the result of the regulations / tottering building, not the lack of still more patches.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:What do you mean "deregulation"? by protohiro1 · · Score: 1, Troll

      The california energy crisis was caused by Enron gaming the system. Plain and simple.

      --
      Sig removed because it was obnoxious
    2. Re:What do you mean "deregulation"? by Ungrounded+Lightning · · Score: 4, Insightful

      The california energy crisis was caused by Enron gaming the system. Plain and simple.

      The California energy crisis was caused by new regulations forcing Pacific Gas and Electric to:
      - Divest itself of generators.
      - Refrain from signing long-term contracts with suppliers.
      - Sell as much electricity as the consumers wanted at a capped price.
      - Buy electricity on the spot market for whatever was asked.

      What this meant was whenever the demand outstripped the supply, PG&E was forced to bid the price up into a spike, draning its resources until it bankrupted itself.

      Of COURSE it was in the interest of the suppliers to charge arbitratrarily high prices, and take generation out of service to create the pinch.

      Enron apparently ADDITIONALLY broke a law by shipping some of their generated-in-California power out of the state at a pre-contracted low price and then shipping it back in at a high price. But that was an added straw. The results would have been only slightly less bad if Enron (and all other suppliers) had stayed strictly within the law. The situation was created by the regulations, NOT their lack.

      Of COURSE the suppliers "gamed the system". But the government SET UP THE RULES OF THE GAME. To the extent that they played WITHIN the rules the government has NO GRIPE if they play hard and win big time.

      Companies are in business to MAKE AS MUCH MONEY AS POSSIBLE. It's the job of governments to set the rules of the game so that maximizing profit creates social goods, rather than social bads.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    3. Re:What do you mean "deregulation"? by Technician · · Score: 4, Insightful

      That's like saying the electrical rate crisis in California was caused by "deregulation", when it was actually caused by changes to regulations that resulted in mandating a trap for the distribution utility and the consumers.


      For those who don't know, the issue with California power was a rate cap imposed on providers of power. There was not enough profit to build capitol (build new plants & transmission lines to meet demand). This was followed by rising fuel costs and a heat wave. The non-cost effective power plants were simply scheduled for repairs/maitenance/upgrades as running them on high cost fuel to produce low price electric power made absolutely no sense. It was cheaper to import power from states that could produce the power cheaper (NW hydro from Idaho, Washington, Oregon etc). Unfortunately the heat wave created a hydro shortage and the transmission system couldn't handle moving huge amounts of power long distances, hence the in-ability to handle the demand. This is a good example of how regulating a price in a free market economy creates over-demand for a product that can make more money elsewhere and therefore a shortage in supply. The shortage in supply was due to price regulation and compounded by lack of online generation and transmission capacity (caused by price regulation). Without the price regulation, many utilities would have increased capacity, not planned a shut-down for repairs during high fuel cost.

      Try price caps with automobile gas prices and you will suddnly be faced with rationing. (remember the gas lines of the '70's. The $2 limit simply meant sitting in 5 or 6 lines to get a tankful for your trip. (each station now had 6X the cars queuing up for gas as they hopped from station to station to fillup) Rationing by rising prices would have eliminated the long lines.) The supply will go elsewhere and we will be left fighting for the scraps of domestic supply. Price controls create problems in a free market that would otherwise adjust to supply and demand. When gas prices become unreasonable, then alternatives will start to compete. This includes ethanol, natural gas, vegitable oil deritives, fuel effecient cars, and other currently expensive alternatives. (I've already got a hybrid to cut my fuel use in half.)

      It is true that fraud and market manipulation will need to be watched by regulators (Enron) when there is not enough competition between suppliers.

      --
      The truth shall set you free!
    4. Re:What do you mean "deregulation"? by Weirsbaski · · Score: 1

      The FCC still controls the licenses - and effectively bans the entry of new broadcasters. You can't buy a license for any price

      Which is why clearchannel buys the other existing stations. Then they own a bunch of stations, and the FCC "bans the entry" of other new broadcasters.

      --

      I am not a sig.
    5. Re:What do you mean "deregulation"? by lostnihilist · · Score: 1

      (the last time I checked) broadcasting has THE highest return-on-investment of ANY industry. the two aren't mutually exclusive, but I suspect enough money goes into capital for broadcasting to make them contradictory facts. The drug industry (the legal ones, aka pharmaceuticals) have the highest net profits of any industry.

    6. Re:What do you mean "deregulation"? by Anonymous Coward · · Score: 0

      The "government" set up the rules to the game only in so far as the LOBBYISTS (of the energy suppliers) paid^H^H^H^H told them what rules to put in place.

      You make the mistake of separating the government from the energy corporations that currently own^H^H^H run it.

    7. Re:What do you mean "deregulation"? by Strange_Attractor · · Score: 1

      When and how do you think you'll ever get government regulations that aren't captive of the industries they purport to control? As P.J. O'Rourke summed it up, "When buying and selling are controlled by legislation, the first things to be bought and sold are regulators."

      --

      ----
      WWJD...For a Klondike Bar?
    8. Re:What do you mean "deregulation"? by Anonymous Coward · · Score: 0

      But, shouldn't companies that are "good corporate citizens" be willing to build more plants, or otherwise _reduce their profit_ in order to do good in the community? Isn't that their responsibility as citizens? Of course it is. The problem is that most companies simply don't care about anything but profit, and that's wrong. Google is a good example of a company that refuses to "be evil" and still makes plenty of profit.
      The various electricity-making companies did not have to shut down planets during the crisis in CA (including NC's Progress Energy). What a coincidence, that those planets just had to be shut down when limiting power production would drive up the price. The same is fuel prices today. There's no lack of fuel... fuel futures being refined now were bought months ago. Fuel prices are high because we're willing to pay those prices.
      People who claim that the CA energy crisis is because of "regulation" are simply apologists for a "free market" that obviously doesn't work. Non-regulated markets don't work anymore than communism works. Most people will tell you that the latter (communism) doesn't work because there's no incentive to work or innvovate. In the same vein, pure capitalism doesn't work because there's no reason to be "fair". There has to be a balance. No, this crisis shows once and for all that there _has_ to be government oversight over critical industries.

    9. Re:What do you mean "deregulation"? by AdrainB · · Score: 1

      Did you know that the Bush Administration has put a cap on gasoline in Iraq at 5 cents a gallon? We are subsidizing each gallon to the tune of 45 cents. Who is paying for this? The American taxpayer.

    10. Re:What do you mean "deregulation"? by stanmann · · Score: 2, Insightful

      If you make it worthwhile(through price caps, subsidies, or welfare) to not work or produce, people will not be productive. A "free" market makes it so that those who wish to eat must be productive.

      Should we give a "leg up" to people in a hole, sure! Should it have strings, Absolutely! IF after a reasonable time period the person, business or industry continues to nurse at the government teat, however it is time to cut them off.

      In many parts of the country, it is more immediately financially rewarding to have an illegitimate child every 38 months than it is to go to college and get a job. So there is a large sector of society that does just that.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    11. Re:What do you mean "deregulation"? by comedian23 · · Score: 1

      I don't think anyone is suggesting to totally remove all government control. As someone said in another post, any resource needs some government control to protect consumers from predatory companies.

      What people are saying is that Sacramento made(and is still making) some really bad decisions that eventually led to the energy crisis. They over-regulated by putting price caps on energy, as well as severely restricting the building of new power plants. PG&E was slowly running out of money for years, and anyone who actually paid attention saw it coming at least a year in advance, when PG&E started talking about bankrupcy. The problem is that 98% of people don't give a crap until their power goes out during "Friends", then they look up from their TV and start screaming "What the hell happened!?!? What big corporation is responsible!!". The funny thing is that the exact same thing is happening to the state in general, which is why I wouldn't touch real estate in CA with a 10 foot pole right now.

      I think we all, hopefully, understand that some government supervision is required to make sure the people aren't getting screwed. We just don't want the government forcing a company to sell a product for a loss, causing it to eventually bankrupt itself, especially when that company is the one which keeps our power on at home.

    12. Re:What do you mean "deregulation"? by Technician · · Score: 3, Interesting

      The problem is that most companies simply don't care about anything but profit, and that's wrong.

      Oh you mean the corporate america is willing to work for less and pay the workers wages, health insurance, retirement, vacation, etc.? Get real. If you believe that, drop your lifestyle that gets you a computer and internet access, hot and cold running water, and get a real job picking lettuce for the good of mankind. The job usualy doesn't pay enough to cover lifestyle things like buying a house, buying a car and insurance, broadband Internet, etc. Not many americans will sign up for jobs without benifits. Corporate america is no different. Make an industry a loser and the talent moves on. When the talant moves on, expect poor or no service and a failure to meet demand. Migrant workers are taking jobs the american workers won't even apply for. Without them, much of the american crop would go un-harvested which would cause a cheaper to harvest crop to be planted next year (corn or hay). Then you would be finding your big mac might start not having lettuce due to the shortage. You are asking the power company to do the same. The result is the same, a shortage of supply. Fuel must be bought. Generation and distribution systems need designed, installed, and operated. You don't find the qualified talant for this in the minimum wage and you don't find the fuel in the next to free prices. Caping the electric prices means that only cheaper fuel is used, cleaner burning high price fuel is not used, and high cost system rudancy and surge capacity is simply not built. Why build a couple extra plants for capacity when 90% of the time they make no money? It's cheaper to shed 10% load during peaks than have 10% of plants idle 90% of the time. Price caps do influence planning.

      Contrary to popular conception, most corporations face competition and do not get huge margins.

      The problem is that most companies simply don't care about anything but profit, and that's wrong.

      The bad news is if they didn't make a profit, they would fail to continue producing. Sorry to break it to you, but that is how a free economy works. Competition is what keeps the prices reasonable. Gasoline is still cheaper than bottled Pepsi.

      --
      The truth shall set you free!
    13. Re:What do you mean "deregulation"? by Anonymous Coward · · Score: 0

      And still no-one has seen the minutes of Dick "The Dick" Cheney's meeting with Kenny-boy and the rest of these criminal assholes.

    14. Re:What do you mean "deregulation"? by Asterisk · · Score: 2, Insightful
      When and how do you think you'll ever get government regulations that aren't captive of the industries they purport to control?
      You won't. Which is why the regulatory approach to resolving disputes will always be inferior to the common-law approach.
    15. Re:What do you mean "deregulation"? by geekee · · Score: 2, Interesting

      "When and how do you think you'll ever get government regulations that aren't captive of the industries they purport to control? As P.J. O'Rourke summed it up, "When buying and selling are controlled by legislation, the first things to be bought and sold are regulators.""

      Exactly, that's why govt. regulation should be avoided whenever possible. We also need a flat tax system to prevent people from buying tax breaks from congress. Free market does a good job of regulating itself when not restricted.

      --
      Vote for Pedro
    16. Re:What do you mean "deregulation"? by Russ+Nelson · · Score: 1

      Whoa, are you channelling the angry economist or what?? Well written!
      -russ

      --
      Don't piss off The Angry Economist
    17. Re:What do you mean "deregulation"? by Technician · · Score: 1

      Whoa, are you channelling the angry economist or what?? Well written!

      I grew up in the power industry. I've seen regulation and politics muck up the works first hand. I was going to apply, but during the affirmative action era ('70's & '80's), I found my chances as a white male were nil. My brother applied for the apprenticeship program but lost the position to a minority with lower test scores. Politics has reduced the average talant level. Now we wonder why we can't compete with forign talant. Why get a degree when all you can do with it is flip burgers? Now if politics stayed out, I may have had the incentive to get an advanced degree and push for an engineering position. Instead I became a technician. I now work in R & D.

      So yes, there was a political action that discouraged me from doing my best.

      --
      The truth shall set you free!
  121. What about non-commercial or military spectrum? by jim_deane · · Score: 2, Insightful

    So who will regulate the non-commercial (amateur radio, Part 15 devices such as 802.11, medical comm equipment, public safety like police and fire/rescue, space communications, radio astronomy, etc.) parts of the spectrum? Who will be in charge of ensuring that some freeloader on 21cm doesn't ruin a once-in-millenia chance to capture a particular radioastronomical event?

    Radio is NOT LIKE LAND. What you use here can leak right over somewhere else you might not even imagine possible. CB radios are local communications only--maybe ten miles. Ever heard of "skip"? HUNDREDS of miles, sporadic, transient, and a product of the atmospheric and solar radiation conditions.

    Unlike almost all other public commons, the EM spectrum actually needs top-down policing. I'm not saying the FCC is doing everything right--but discarding it outright is not the solution.

    Jim kc0lpv

  122. Right on, bro... by Anonymous Coward · · Score: 0

    I'm sorry. The parent actually has a good logical point.

    Rare to see on here.

  123. Not the whole thing by Durandal64 · · Score: 3, Insightful

    But its censoring powers should certainly be taken away. Here we have a body of unelected officials telling the American people what they can and can't see/hear over public airwaves that their tax money supports. Run those asshole censors out on a rail, I say. This whole Janet Jackson breast clusterfuck has shown that these people are Draconian Puritans who make a living off of being fucking uptight prudes. They need to get real jobs.

    Sometimes censorship is called for, but the Moral Police have abused it to further their own right-wing Christian agenda. I'm fucking sick of it.

  124. breasts arent for you, try pecs by Anonymous Coward · · Score: 0

    --Mammary glands cause underwear tents.
    -Not Janet Jackson's.

    You aree gay.
    Sure, the paparazzi shots from a few weeks ago gave us a better look at them and they're rather sad looking but they are still boobs.
    By our very nature, males are attracted to all boobs. Sure there are exceptions like granny's but a breast is a breast, if you see one and youre not getting wood; you are gay.
    Just leave you wife, whip out the quiche, put on will and grace and buy your Ellen tickets, you ARE a friend of Dorothy.

    THe sooner you realize this, the happier you will be fantasizing about Taco's taco.

    zack

  125. companies worried about people pirating tv signals by Anonymous Coward · · Score: 0

    this is sort of a grey area, first its not really pirating if everyone has the right to view it. also if pirating of tv signals is that large of a problem, then it has to be obvious that people dont want to be told what to watch (or watch dumbass Enzyte commercials), they want to choose what they're going to watch (ie. on demand). I collect TV shows on my computer so i can fast forward/rewind/replay, watch an entire season from start to finish, not have to wait till next week to see the next episode. and not have to sit through Enzyte commercials (as mentioned before). also do you really lose or gain any money if someone watches a show from a tv or via the internet, either way i ignore advertisements, which is where the tv goons make their money. finally the price of a season of a tv show on DVD is nuts, something like $100+, i certainly wouldnt pay that (when its free on the internet), especially for the crap thats on tv these days. so if any MPAA/RIAA/TV lobbyists are out there, you guys are shooting yourself in the foot by trying to control every aspect of what people do with the media they buy/view/etc, and also you idiots are fighting a downhill battle.

  126. This author is on crack. by fishnuts · · Score: 1

    The author insists that monopolies would be impossible with a privatized radio spectrum, and that the total value of the radio spectrum would be $1T. The cost of ANY market has never prevented a monopoly in that market. And in the case of radio services, which are most certainly market-based, it would take one large company in a matropolitan area only a few billion dollars to snatch up all local spectrum (or to forcibly buy out smaller companies who refuse to give up their slices), and have a genuine monopoly in that market.

    Additionally, the author suggests that with privatized radio spectrum, a TV operator could sell his 6MHz of TV spectrum to another radio operator for an arbitrary price. The problem with this is that consumer radio equipment would then be made available to transmit in this part of the radio spectrum, which is not necessarily allocated for this new service in other parts of the country. You end up with:
    1) consumers causing interference with other services when they take their equipment to other areas,
    2) more incompatibilities between equipment used in different parts of the country, unless the makers of the equipment redesign their products to work in other (read: all) parts of the available radio spectrum, which in turn WILL drive up prices of the equipment, and
    3) more proprietary and unpublished specifications for radio/television services. The current FCC enforces certain rules to make sure that radio channels are used within their bandwidth, modulation, geographical, and power limits. When private companies buy spectrum and all rights to determine HOW to use it, they can easily force consumers and partners to purchase equipment that will only work with their protocols and frequencies. Imagine if HyperBigMegaCorp bought all of the television spectrum in a growing metropolitan area, and started selling televisions that only work in their area, and sublicensed their frequencies to television stations that transmitted with their own transmission protocols. Anyone who moves in or out of that metro area would be forced to buy new equipment, and potentially pay license fees to use the services in their market which might be completely free in any other area.

    There are so many good things that the FCC has done for radio services in the united states, that have saved US consumers hassle and money, that the few bad things (mistakes and otherwise) they've come up with can be forgiven. I'm much happier with standardized, published policies on radio spectrum which is enforced nationally, rather than a completely fragmented radio spectrum which is micromanaged by corporations only interested in money and market share.

  127. morons! think about it... by GrendelT · · Score: 2, Interesting

    No. At least not like that.

    WTF. Seriously. Selling carrier frequencies like land? That only works in theory.

    First of all, in radio communications, there's a thing called propogation. Suppose I own 144.000MHz, what happens to me if I "bleed" over into 144.100? Who will tell me to stay in my band? For how far of a distance do I own this 144.000MHz? What's to stop me from bumping up my power from a few watts to 5kW and blasting out my corner of the state?

    Who will police amateur radio? Give/Restrict access? Or will the airwaves become like CB became, full of know-nothings that just bought the right equipment? Will companies just have to keep stepping up their power to drown out RFI?

    Obviously this man has done very little with radio, and is just the policical columnist for CNet.
    I applaud the idea to question the current structure of hte FCC, but bad way to go about trying to fix it.
    (...and, yes, I am. My callsign is N5DUX.)

    1. Re:morons! think about it... by Anonymous Coward · · Score: 0

      Hey Moron,

      When is the last time you ever heard of the FCC going after someone for "bleeding over"? Of course with this administration, I could see that being considered a terrorist act...

    2. Re:morons! think about it... by Anonymous Coward · · Score: 0

      Um you might just find out they they do and will by looking here. But that might be to hard for a "moron."

  128. Sorry, it won't work by HotNeedleOfInquiry · · Score: 2, Informative

    The US is required to enforce the treaties. It would be virtually impossible to rely on international courts to silence a treaty violating transmitter in the US without the help of the government. The courts/judiciary are not well equiped or willing to handle it

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:Sorry, it won't work by davejenkins · · Score: 1

      Okay-- you`re right. But that merely shifts the venue to a federal court US vs. Tresspasser, on the grounds of violating federal law (the treaty). It would still be much better than the lobby-fest that happens now iwth the FCC (IMHO).

    2. Re:Sorry, it won't work by Chanc_Gorkon · · Score: 1

      Wait. Lobbying is the WAY to communicat your right. Lobbies are not always companies either. The ARRL is the Radio Amateur's Lobby and voice in Congress. It is our RIGHT to assembly representatives, funded by our money, to go and talk to Congress as a whole. It is our voice. Lobbies are very important both to companies as well as the private citizens. All of the below are ones I consider lobbies:

      The ACLU
      The ARRL
      The NRA
      Citizens for Tax Justice
      The EFF.....

      There are many others, but these are the ones that come to attention. If you oppose a certain lobby, then start your own. It's your right!

      --

      Gorkman

    3. Re:Sorry, it won't work by mdielmann · · Score: 1

      Yes, but lobbies tend to get volume from the number of dollars they have. Tell me, how many of those associations have more money to throw at lobbies than a single corporation, Microsoft? And you certainly can't say that lobbying has worked great for the EFF vs. Big Media Corporations with respect to digital rights, can you? Once corporations were granted personhood, a lot of the benefits of lobbying were overwhelmed by their relatively deep pockets.

      --
      Sure I'm paranoid, but am I paranoid enough?
    4. Re:Sorry, it won't work by khallow · · Score: 1
      The courts/judiciary are not well equiped or willing to handle it.

      I've noticed comments like this elsewhere. How is this fact determined? It seems to me that the courts have handled cases of this level of complexity before. And their willingness seems irrelevant to the topic.

      So could you explain why courts won't be able to handle this sort of problem?

    5. Re:Sorry, it won't work by Chanc_Gorkon · · Score: 1

      By the way, it's VERY illegal for any state or federal rep to accept MONEY from Microsoft. It's against ethics law big time. He who has the most money does not always get to go before congress to plead their case. They DO get to present their idea more to them because for them to write a letter is real easy....oh wait....I can write a letter too. I mean to say that he who has the most money wins is not always true. Just look at the antitrust case against Microsoft. Just because your lobby has scads of money means nothing. If you want to start your lobby it's your right. Congress still doesn't have to listen to you. Companies...big oens...are members of lobbies to protect their interestws, but congress does nto have to listen to them. Case in point, the FCC and the Broadband over powerline. There were big lobbies sponsered by the likes of the broadcasters and even the networks. The ARRL provided volumes of data that shows how bad BPL is. Did the FCC listen? Not entirely....it still looks like BPL will be a reality, like it or not. Swaying a congress person sometimes takes hurricane force winds. Liek it or not, companies DO have a right to have an opinon just the same as you and I.

      --

      Gorkman

    6. Re:Sorry, it won't work by mdielmann · · Score: 1

      All that you said is true, more or less. Keep in mind that it was fairly recently that corporations were granted personhood, and I believe there is a state (North Carolina?) that has revoked that right. Can corporations be given life imprisonment? How about liability to the three-strikes rules that are used in so many states? Death penalty? The answer to that is usually "well, you can't hold individuals responsible for the actions of an organization". And how many corporations have been broken up under the Sherman Act? Something tells me that it's less than Texas sentences to death in a good year... But how does this mean that said organization should have the rights given to individuals, without responsibility? But enough on that rant.

      Corporations can spend a lot of time (or money), and have a lot of weight to throw behind a few goals. I can't give millions to a lobbyist to do it for me, I don't have the time (or money) to form and promote an organization to promote my interests, and I don't have the time to do the work myself (I have to feed a family). That's the big difference. Let's not pretend that money doesn't talk, or that campaign contributions aren't exchanged for favourable votes on specific issues. And there is no way to really prove that, since it's often couched as suggestions and concerns.

      --
      Sure I'm paranoid, but am I paranoid enough?
  129. It works for the Underwriters Laboratories by xagon7 · · Score: 1

    And many "unregulated" bodies.

    The IEEE is another such orginization, as is ANSI.

    Most organizations will form some "non-profit" orginization in which they will be members, simply due to the need for standardization.

    In some instances where heavy competition exists, de-regulation works, it takes time, but it works.

    1. Re:It works for the Underwriters Laboratories by Ellis+D.+Tripp · · Score: 1

      But many government bodies then go on to make compliance with UL or ANSI standards mandatory. Ever seen the price of geting a copy of a UL or ANSI standard? How about national building codes drawn up by "Non-Profit" organizations like the NFPA? If such privately-written standards are enacted into public law, they should be freely available to the public, no?

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    2. Re:It works for the Underwriters Laboratories by xagon7 · · Score: 1

      Perhaps. That is something I will need to think about. However, less taxation on the consumers for corporate responsibility is always a good thing. Don't MAKE me pay for somethign I may or may not use. Not everyone has a cell phone, radio, wifi, or even a television. Make the companies that wat the make these pay the dues to the non profit standards orginization, instead of MAKING me do it with my taxes.

  130. good idea, let's not remove one brick by zogger · · Score: 1

    let's remove ALL the bricks. The entire system is more broken than not. For every intelligent decent thing they do, they do a dozen unintelligent obviously scam ridden corrupt things. That's a terrible "ROI".

  131. Why not? by dtfinch · · Score: 1

    Then I could build that massive jamming antenna I've always wanted so that I can play jokes on my neighborhood, briefly knocking out tv reception whenever, say, the neighbor's dog barks. And after a couple dozen times they'll all blame the dog. That'll teach that dog to chase my cats.

  132. my opinion? by smash · · Score: 1
    No.

    Before the flames start... here's why...

    Due to dodgy clone hardware companies refusing to put their name on various products, I've used the FCC-ID to locate the manufacturer of a few pieces of hardware, in an effort to get it to work.

    As far as regulating comms goes, i couldn't give a hoot for the FCC, but as far as tracking manufacturers down, its been quite useful for me in the past.

    smash.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  133. The Entire Administration should be Abolished by Anonymous Coward · · Score: 0

    The entire Bush administration should be abolished and then the people of the Earth should declare worldwide peace and conquer all with love. You and I both know that we deserve a better world then the one which we live in. Make it today, not tomorrow.

  134. What the *fuck* are you talking about? by Anonymous Coward · · Score: 0

    "National tv with children watching and people feel the need to "push the envenlope." "

    This doesn't even make any sense.

    First of all, how could you possibly blame this on the media/CBS/TV Stations, Second of all, the FCC didn't do anything to stop it, so what good did they do?

    What can you do? Punish Janet Jackson? For what? Is she responsible for your children? If the FCC is responsible for content. They don't regulate Janet's artistic expression, the networks only had their camera broadcasting "facts", so again I ask, what can the FCC do about this?

    No, its time for the FCC to go.

    They're trying to:

    1) Determine what words can be used by who when they broadcast

    2) Make sure the MPAA feels safe broadcasting

    3) Is doing their best to make sure clear channel gets as much of the artificial monopoly known as "AM and FM" as possible.

    Its time for the FCC to go. They don't do anything but serve rich powerful interest these days. They certainly are doing their best to hold back technology to favor incumbants, they're way too interested in trying to regulate free speech.

    Its time for the FCC to go.

  135. Don't abolish. Just put it back the way it was. by DunbarTheInept · · Score: 3, Informative

    The original purpose of the FCC was to do one thing and one thing only - make sure that people weren't allowed to 'war' over the broadcast spectrum by trying to get in the way of each other's signals. That was their only purpose. The demarking of the radio dial into discrete 'channels' was for this purpose only. The necessity of needing to register to be allowed to use a channel was for this purpose only. It was purely to make sure that if big bully company X wants to compete on the airwaves with little company Y, it cannot use the technique of drowning out company Y's signal. It has to compete on content instead. This is where the original ban on a company owning more than a few channels in an area came from - Since there are a limited number of them, one could use the tactic of buying them all up to prevent a competitor from being able to register them. This is also where the original requirement on broadcasting your callsign every so often came from. If you want to buy the licensing to use a limited resource, you have to prove you are actually making use of it and not just buying it for the sake of keeping it out of someone else's hands. So they made the requirement that you must broadcast at least your callsign if nothing else, a certain number of times a day, in order to keep using that channel and keep your license valid. (This is why radio stations are constantly butting in to tell you what station you're listening to, by the way.)

    If *that* was all the FCC did, then they wouldn't be a problem. They'd be no more dictatorial than your local county registrar that you have to post your title deed to as proof you own a piece of land in the event of a dispute.

    What made the FCC bad is when they used their licensing power to start dictating other things about a broadcast. Instead of just regulating the demarkation of the radio spectrum so that people don't step all over each other's signals, they started withholding licenses purely for content reasons, and that's what needs to be repealed.

    Take away the regulation by content, but keep the regulation that separates RF frequencies from each other.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  136. Of course it is! by Anonymous Coward · · Score: 0

    " Asking for decency during one particular type of broadcast is not the same as supressing free speech or censorship."

    What *is* decency anyway? Who gets to decide?

    What you're saying is:

    "Well of course its limiting free speech, but somebody's got to do it or else we'll have naked boobies at halftime during the superbowl"

    To which I reply, "so what!".

    It isn't the government's job to make sure you feel comfortable watching the superbowl. That will be decided by the NFL. The Superbowl isn't a public event. Its a private event and you either watch it or you don't.

    Lets look at facts: Janet won't bare her breasts at the superbowl anymore. Nor will anyone for the foreseeable future.

    Do you know why? It has nothing to do with the government or FCC. It has to do with people complaining to the NFL that they didn't like it. The NFL took the action to protect their revenue.

    I fail to see how the FCC is or should be part of this process.

    Should the FCC fine Janet Jackson? Why? Are they in charge of public morals? Does broadcasting something give such awesome power that all other rights are trumped by the need to regulate this speech?

    I think you're a typical person who think the government should be responsible for your comfort level. To which I can only say "grow up".

    Besides, if babies suck on boobies, why will it harm them to look at somebody else's boobies?

    Think through stuff. Half the population has boobies. The entire world has seen them. And yet the world still gets by.

    1. Re:Of course it is! by Anonvmous+Coward · · Score: 1

      "Well of course its limiting free speech, but somebody's got to do it or else we'll have naked boobies at halftime during the superbowl"

      I did not say that. I said that it isn't censorship. I was picking on the use of the word.

      "I think you're a typical person who think the government should be responsible for your comfort level. To which I can only say "grow up"."

      Sorry, but you are wrong. My previous post covers that. Perhaps if you had read it in its entirety?

      "why will it harm them to look at somebody else's boobies?"

      Not that I am supporting the FCC's decision in this debate, but honestly, when did everybody sudden turn so stupid? A very large portion of Slashdot's viewership are hetero sexual men. When exactly did everybody forget about what makes boobies/melons/hoo-has/honkers/hooters/headlights/ ta-tas/teeters/tweeters/tom-toms/tee-tees so special?

    2. Re:Of course it is! by mpe · · Score: 1

      Lets look at facts: Janet won't bare her breasts at the superbowl anymore. Nor will anyone for the foreseeable future.

      Considering all the fuss made over Ms Jackson there are probably more than a few women who'd consider that amount of publicity "worth it".

      I fail to see how the FCC is or should be part of this process.
      Should the FCC fine Janet Jackson? Why? Are they in charge of public morals? Does broadcasting something give such awesome power that all other rights are trumped by the need to regulate this speech?


      Did the FCC book Janet Jackson in the first place? Did the NFL, who probably did book her, explicitally place restrictions on what she could and couldn't do as part of her stage show? Most importantly was this a deliberate action in the first place?

    3. Re:Of course it is! by ckaminski · · Score: 1

      Dude, I hate to tell you, but 100% of the population is in possession of at least one, and probably 2!! nipples. Except those who've lost there's to disease, those poor unfortunately souls.

    4. Re:Of course it is! by caswelmo · · Score: 1

      Here's what I don't get:

      If I tell a dirty joke or hit on somebody at work & they decide that it offends them, then I had better knock it off or I'll get sued/fired. I can only imagine what would happen if I showed a coworker some "interesting" part of my anatomy.

      But what many people seem to be saying here is that similar behavior is "free speech" in this situation. A situation in which many people are offended instead of just one or two. What?!? So it's bad to do something to one person, but okay to do it to many. I don't see the logic.

      Some say that you are making the choice to watch the SuperBowl & therefore can't be offended by anything that happens while you're watching it. Okay, so if I choose to go to the park & some guy stands in front of me butt-naked wouldn't the same be true? But in that situation, we say he is at fault. Why? They are both public "places", they both have an assumed level of decency.

      So I can sue somebody for making my child read passages out of the Koran but I can't fine someone for making my child look at a woman's breast (etc.). I don't get it.

  137. LPFM by jlanthripp · · Score: 2, Insightful
    The article doesn't go into this, but the current state of LPFM (Low Power Frequency Modulation) radio broadcasting is truly sad. Want to set up your own LPFM station? Sorry, only "noncommercial educational entities and public safety and transportation organizations" qualify for a license. Individuals and commercial organizations need not apply.

    In any case, good luck finding an unused spot on the FM band. Oh, and you have to prove to the FCC that your school's station won't interfere with any existing stations within a frequency range from 0.6MHz above to 0.6MHz below your operating frequency. Is your school's station broadcasting material that doesn't cast a flattering light on the government? Be ready for the letter from the FCC notifying you that your state's Department of Highway Safety is taking your frequency over, so you can't broadcast anymore - and since you're no longer licensed, you must dispose of your broadcasting equipment within 90 days or be fined for possessing unlicensed broadcasting equipment. By the way, nobody will buy the stuff that you paid big bucks for because they can't get licensed for it either.

    This is just the tip of the iceberg. See the FCC's page on LPFM for what the FCC themselves say about LPFM.

    --
    "Alcohol, Tobacco, & Firearms" should be a convenience store, not a government agency.
    1. Re:LPFM by Openstandards.net · · Score: 1

      The try the unlicense "Internet spectrum".

  138. Estonia an economic wonder... by wtoconnor · · Score: 1
    Estonia with a GDP $200 can easily increase it to $400 and seem like an economic wonder if we just look at the percent change. If their GDP was $3 Trillion I don't think privitazation would still show the same gains no matter who you are. These numbers are made up of course but you get my point.

    Who are these dummies that write these columns? By his own argument anyone with out big bucks would be excluded from the market for frequency. The FCC was put into place to dole out freqs and if they just stuck to that everything would be fine. Unfortunately there are those in positions of power that which to make it a moral issue they have to regulate that also. If it were all privatized companies will try and fill it with advertising just as they do now. Now that is what I call a public good;(

  139. Wow. You are screwed up. by Anonymous Coward · · Score: 0

    " It really is hard to call it censorship when we all know what is under her clothes."

    Assuming you aren't joking, I think you're pretty f'ed up in the head. Who even thinks of stuff like this.

    Do you actually look at girls and say to yourself "I know what is underneath her clothes". Its disturbing that you even think that way. Spooky.

  140. You're a crazy horny teenager by Anonymous Coward · · Score: 0

    "By our very nature, males are attracted to all boobs."

    No. We're attracted to attractive boobs.

    Saggy middle-aged boobs? I guess you think national geographic is "the shit" when they show saggy native boobs.

    Let me be frank with you. The average mail thought Janet Jackson's boob was as erotic as, er, watching paint dry. It was *boring* and non-erotic. It was pathetic that she felt the need to show us how run down that body of her has gotten. She used to be hot 20 years ago. Now its repulsive.

  141. All Your Freqs Are Belong To Us by Baldrson · · Score: 1
    License all your frequencies to me and I'll serve the public with them. I promise to pay off the right bureaucrats within the FCC so that I may continue to offer you the highest quality news and entertainment -- yes serving the public at all times.

    If you don't believe me or start seeing things like casting decisions where heroes look like me and villains look like you -- just remove your tin-foil hats, stop looking for black helicopters and go get counseling with my brother-in-law who charges a mere $150/hour -- once a week for the rest of your life. (If you're an underemployed bitter American boomer programmer he'll provide you with a sliding scale if you'll wash his dirty underwear.)

    Thank you.

    And remember -- you can believe me because I'm always right and I never lie.

    1. Re:All Your Freqs Are Belong To Us by rush22 · · Score: 1

      omg black helicopters! (no seriously!)

      *returns tin-foil hat* =o

  142. Yes, and... by Anonymous Coward · · Score: 0

    ...the patent office.

    No, we can't do without the FCC quite yet. But they're doing a lot more than they really should be.

    They need to be reduced to telling us we can't bring cell phones on airplanes and can't transmit on s3kr1t FBI tactical frequencies. Aside from that, hey. Screw 'em.

  143. FAA by Ann+Elk · · Score: 2, Funny

    Let's get rid of the FAA while we're at it. I'm sure the airlines will "self regulate" and Do The Right Thing (tm).

  144. This isn't well thought out by Anonymous Coward · · Score: 0

    "if the public's sensibilities are being offended -- the FCC isn't doing its job as the custodian of a shared public resource. "

    You can say the public airwaves were used to offend some people, but I can say just as easily point out the superbowl is a private affair. It is owned and controlled by the NFL.

    Did you know that the morning after the superbowl, the NFL had already distanced itself from the "event", and had taken steps to make sure the public wasn't offended by the broadcast.

    Do you know why?

    Because the NFL exists to make money, and if Janet's booby is causing the NFL to lose money, or potentially lose money, then the NFL could and *did* take steps to make sure it didn't happen again.

    So next year, there won't be nude boobies. NOT because of the FCC, but because of the NFL.

    Did the FCC play a role? No. Were they needed? No.

    My quarrel is not with Janet Jackson; My quarrel is with people like you who claim a right to be not offended. You are offended, so you want the government to do something.

    I don't see that right *anyware* in the constituion. But I do see a basic constituional right that says I can say what I like. And people like you simply think "free speech" goes too far and so must be regulated.

    You're the problem. The FCC is a reflection of people like you who claim a right to be not offended.

    1. Re:This isn't well thought out by John+Miles · · Score: 1

      The FCC is a reflection of people like you who claim a right to be not offended.

      Mostly right, except for the "like you" part.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  145. right. by NanoGator · · Score: 4, Funny

    "Do you actually look at girls and say to yourself "I know what is underneath her clothes". Its disturbing that you even think that way. Spooky."

    Are you telling me you don't know what a naked woman looks like? Heh.

    --
    "Derp de derp."
  146. what about the free bands? by ksheff · · Score: 1

    Sure allowing the current radio, TV, and cellular companies buy up spectrum may be ok if the only users of it were for-profit companies. What about hamm radio, wi-fi, and the various other consumer wireless gadgets? The law abolishing the FCC would have to set those aside like the national parks. There would still have to be some agency to help police that otherwise, there would be people deciding to abusing it.

    But face it reality. Congress has had opportunities to disband agencies that were obsolete decades ago, but haven't. Why would they do that to an agency that many perceive as necessary to keep some sort of order in the airwaves? The FCC will die when SS causes the rest of the govt to crater, not any sooner.

    --
    the good ground has been paved over by suicidal maniacs
  147. You're all wrong by Anonymous Coward · · Score: 0

    "ut what makes you think ABC was not trying to push the edges and got caught?"

    Because CBS broadcast the event.

    " thus the severe punishment"

    Which punishment was that? There was no punishment.

    Do you realize how wrong you are? You don't have any of the basic facts correct.

    Besides, you're missing the point that the FCC shouldn't be in the business of worrying about nipples and pasties. But you seem very comfortable with them in that role. I'd say you're kinda screwed up in the head.

  148. Re:FP by Anonymous Coward · · Score: 0

    You're one of those people they call retards, aren't you?

  149. Re:your sig by Anonymous Coward · · Score: 0

    No one watches them; all the native Latin speakers died out long ago, (and the Pope doesn't count, he just mumbles...) so we're screwed.

  150. Regulate what? by rinks · · Score: 2, Insightful

    The FCC, like the Environmental Protection Agency, are ostensibly designed for the benefit of the citizens. This, obviously, has not been the case. Both of these agencies have been used to further very distinct agendas- from excising passages on global warming from its year end reports to giving Rupert Murdorch Carte Blanche while attacking XM Radio and Howard Stern... Would that the FCC actually regulated the market. That could prove useful. What it's doing now, however, is tilting scales with gold. Get rid of it.

    --
    My good looks paid for that pool, and my talent filled it with water.
  151. It's a tit, get over it. by Radi-0-head · · Score: 1

    Why are we so worked up over something every woman has and just about every child has seen and god forbid, even sucked on, since day one?

    Get over your issues.

  152. Starting over is almost never the answer by PetoskeyGuy · · Score: 1

    Big changes are bad. Regardless of if we have a central system like the FCC, or a wild west every transmitter for yourself system. A sudden switch to the opposite extreme is not a good idea.

    Identify the problems and take care of them. The FCC was created for a certain purpose and has incrementally evolved over the years into what it is now. The people in charge have made some bad decisions.

    Still there is a lot of good. It's very important to be able to set aside spectrum for certain uses. We can't have every machine trying to interfere with every other one. Then the expensive/powerful machines just shut out the others. TV's and telephones - the two things the FCC has ruled over for so long work great. I don't need to go out and get my TV or phone upgraded every 2 years.

  153. Radio Astronomy by Anonymous Coward · · Score: 0

    Well put. May I also point out that radio astronomy would be destroyed overnight without regulation. Radio Astronomy needs a tiny bit of the radio spectrum, but now that it's getting crowded, all the communications people look at the little empty hole in the spectrum and say "oh we want that."

    To which the answer is "no, you can't have it. ANY of it. If any of you use it, you destroy radio astronomy."

  154. He's getting there... by vmalloc_ · · Score: 2, Informative

    For full disclosure, I'm a libertarian writing a series of articles on how badly the FCC has fucked up over the years. I'm not finished yet, but I'm planning on getting IBOC wrapped up sometime this week. It's very nice to see that slashdotters are getting into this, maybe I'll send the article to one of the editors.

    Let me first say that Dean is a very smart guy, and for somebody that apparently doesn't know about the guts of the FCC he is definetely pointing in the right direction. Though I wouldn't say the FCC should be completely abolished (the FCC is, after all, more like hundreds of regulatory systems rolled into one entity than a single one doing a couple things). The FCC does do -some- good things, and the idea of policing the radio spectrum isn't neccessarily a bad one, but the FCC is a terrible bungler of policy and the no-compromise command-and-control system is a horrible one at best. Low power radio licenses that would have otherwise been available are denied, not because there isn't space, but simply because the FCC doesn't want to lose their control over the bands, coupled with lobbyists pushing rat bills through congress telling the FCC what to do. They recently adopted a digital radio system (IBOC) that in hybrid mode increases per-station bandwidth by up to 50% thus increasing interference and reducing range, while at the same time signifigantly reducing quality on the only band where audio could actually be improved, the AM broadcast band (and possibly even reducing the quality of the FM one). As for moral regulation, the organization is a total joke and a gross slap in the face of the concept that government shouldn't regulate speech and content.

    Not to mention that some services are not susceptible to these regulations, thus giving cable and satellite an upper hand over broadcast. Telecom regulation is perhaps the biggest joke of all, and will be obsoleted by voice over IP systems anyways, which are again not susceptible to these regulations and thus have an upper hand and prosper quickly due to the fact that they are a technological improvement and the FCC isn't there to grind progress to a halt. I remember reading an article a while ago regarding phone numbers that can change with service, where the author said that greedy companies would keep it from working. I got a good laugh out of this, considering that Hong Kong allowed for the same thing years ago and it's worked stellarly for them (I then had somebody suggest that Hong Kong commerce wasn't heavily regulated because their companies are "less evil" than US ones, which was equally hilarious). Another great thing about the telecom industry is that it has become another way for stupid politicians to tax you: Last time I checked, my phone bill had a $5-$10 tax on it. Enough with broadband tax, let's get rid of the phone tax too!

    Why does the FCC act like this? Firstly, because it is run by morons. Its commissioners are rejects of higher positions in Washington politics, dominated by businessmen and lawyers rather than technocrats and engineers. It's not their fault, in my opinion, they do the best they can, but you need to thoroughly understand your trade before you attempt to regulate it. Also, with things like IBOC, you are absolutely correct about lobbyist powers being the primary influence: IBOC increases interference big time, -WAY- more than Low Power FM would have caused, so why isn't the NAB raising a stink about it? Simple: Because most of these big radio monopolies have investments in Ibiquity, the company that made IBOC and holds its patents and licensing. When Americans are forced to throw away hundreds of millions of perfectly good radios, it's these companies that are going to get the royalties.

    Here's my libertarian catch-all: the FCC is too big, stupid, and corrupt to handle most of its regulation properly, and there's a lot of things it shouldn't be regulating at all. One thing's for sure, the FCC is overreaching at best, and society as a whole would benefit if a very large amount of the FCC was broken apart.

  155. Alternative by Anonymous Coward · · Score: 0

    Let's not abolish the FCC - let's just place George Carlin in charge of it.

  156. stop the fcc by Anonymous Coward · · Score: 0

    there is an online petetion at www.stopfcc.com they need one million signatures and they allready have 200,000 the word just needs to be spread.

  157. How about renting spectrum to the highest bidder? by Anonymous Coward · · Score: 0

    Why should the Government sell, when it can rent? Auction off spectrum rights by the year. Now that would bring in some real money. Every year, a bidding war for TV stations.

  158. Compare the FCC to the British situation. by jb.hl.com · · Score: 2, Insightful

    In the 70s, we had one muthafuckin' huge regulator: the IBA (Independent Broadcasting Authority). Rather than accepting complaints about a programme after the broadcast, the IBA pre-vetted its programmes. All was good, and the IBA regulated commercial TV (in the UK, ITV and Channel 4-NOT the BBC), commercial radio (again, not the BBC) and radio waves. This system worked well, and under it, everything worked brilliantly-some truly excellent programming was made under the IBA by ITV and the array of independent contractors that made up Channel 4's output. This went on until the early 90s when...

    Thames TV showed a programme heavily critical of the Thatcher government called Death on the Rock, which referred to the army shooting two IRA men-Thatcher petitioned the IBA to not let Thames broadcast it, but they still did so in the interests of free speech. Thatcher was not best pleased, and in 1991 she kicked the living shit out of the IBA and aplit it up into several shitty little mini-regulators, like the ITC (Independent Television Commission), Radio Authority. These did not pre vet programmes, and instead accepted complaints after the event, after the damage was done, so to speak. This, coupled with Thatcher's deregulation, led to ITV becoming a veritable piece of shit. Think NBC is bad? Come over and watch ITV. It SUCKS PENIS. You need regulation and to go with it a good regulator, else things degenerate. All that the FCC needs is its rules updated and a good kick up the ass. They need to pre-vet programmes, but not to the AmeriPuritan standards-how about OUR standards? Standards which fucking WORK? Tell the jackasses who scream "ITS FOR TEH CHLDIFREN!!!!1" to fuck off and die, and not to get so cranky or pissed off when their kid sees a tit, and feel better when their kid sees blood, gore and aching death in The Passion Of Christ. Dammit, call for change!

    --
    By summer it was all gone...now shesmovedon. --
    1. Re:Compare the FCC to the British situation. by phisgig · · Score: 1

      I wholly support this...kill off all the yuppie soccer mommies and daddies who say "oh Timmy can't watch that, they say 'crap' and other obscenities" and replace them with hardened WWII vets who don't give a damn and think the only way kids learn is by screwing up and learning from their mistakes...or getting a good beating every now and again...

      The total lack of common sense among parents in the United States gives me an aneurism.

      But, back to the topic, the FCC is a degraded, aged organization that needs it policy, regulations and management all updated...to abolish it would cause chaos, and while i'm all for it...i wouldn't want to sort through 400 channels of Martha Stewart wannabes or Common Joe Blows 'That's what I think' block...

      --
      The knowledge, it fills me. It is neat
  159. Could we get rid of ICANN first? by rs79 · · Score: 1

    We could call it a feasability study.

    --
    Need Mercedes parts ?
  160. Foolish and obnoxious by nysus · · Score: 4, Insightful

    This blinding faith in the free market is so obnoxious. Deregulation shall save us! Set the corporations decide! The free market is all knowing!

    This eagerness to loosen all reins on corporations is just plain fucking stupid. I'll gladly take a bureaucratic institution over a mindless, souless corporation any day of the week. The FCC has to listen to and abide by the philosophical concerns of Presidents, Legislators, the Courts, and the People. By contrast, all corporations have to listen to is the sound of the cash register. As long as they hear it, they could give a flying fuck about what the rest of society thinks.

    This is a no brainer. Just look at what happnened with the deregulation of the electric grid. Do we really want to do the same thing wiht telecommunication so AT&T can become the next Enron?

    --

    ---Technology will liberate us if it doesn't enslave us first.

    1. Re:Foolish and obnoxious by LaissezFaire · · Score: 1
      The free market does not equal letting the corporations decide. It's more like letting the consumers decide, since they are the folks who pay for things. If a company doesn't do something well, then no one will pay for it. (In general, if a government organization doesn't do something well, they ask for more money.)

      One assumption you're making is that the government is smarter than we are about the spectrum, and anything else they wind up running. This, quite obviously, is not true. If you'd like to see a quick proof of this, post something about the US Patent Office and what a good job they do.

      It also looks like you're assuming that the legislature, courts, and President has enough technical knowledge so set good policy on the use and direction of spectrum use. Probably a bad assumption. After all, we didn't really want cell phones, did we?

      The philosopher-kings you want running things are motivated by their own cash registers at least as much as the free market. They listen to the special interest groups that pay them (campaign contributions). And, if their philosophy changes, there is not a dang thing you can do about it.

      For example, let's say the military needs a whole lot more spectrum to fight GWOT (Global War On Terror). Philisophically, this can make sense. After all, they're looking out for YOUR best interests. It's just that they need that 802.11 spectrum to monitor your neighbors better, or the wireless bridge / microwave range to setup their own communications.

      If a corporation took away something you've paid for, you could sue. This is not something you're likely to see work against the FCC.

    2. Re:Foolish and obnoxious by khallow · · Score: 1
      This is a no brainer. Just look at what happnened with the deregulation of the electric grid. Do we really want to do the same thing wiht telecommunication so AT&T can become the next Enron?

      Just because California called it "deregulation" doesn't mean they handed it over to the markets. As it turns out, the buyers on the spot markets for electricity had to buy at any price and the producers had strong incentives to hold back generation, run scams, and schedule a lot of maintenance. The whole thing was pretty stupid. One of the key things that seems to be forgotten here is that the California government helped keep this market in a SNAFU state long after the market was discovered to be broken.

      So using this as an example of a deregulated market is similar to using as a typical example of social welfare those high rise, high crime housing complexes that the US Department of Housing and Urban Development (HUD) created in the 70's.

      And as far as Enron goes, the disease is the cure. The FCC doesn't protect against financial fraud now. That's not its job. So AT&T could go Enron at any time just like WorldCom did or Global Crossing did. Besides you ignore the massive improvements in telecomm service since the best example of deregulation in the 20th century, when AT&T was broken up in the 80's. I think the tremendous global economic and social gain from that single breakup helped spur the current rounds of deregulation.

      This eagerness to loosen all reins on corporations is just plain fucking stupid. I'll gladly take a bureaucratic institution over a mindless, souless corporation any day of the week. The FCC has to listen to and abide by the philosophical concerns of Presidents, Legislators, the Courts, and the People. By contrast, all corporations have to listen to is the sound of the cash register. As long as they hear it, they could give a flying fuck about what the rest of society thinks.

      So you'd take a mindless, soulless bureacratic institution that has no reason to provide an efficient service (having to "listen to and abide by" the "philosophical concerns" of the "People". riiiight.) over one that does (in order to maximize profit and keep customers from switching to the competition)?

      This blinding faith in the free market is so obnoxious. Deregulation shall save us! Set the corporations decide! The free market is all knowing!

      This isn't "blinding faith" just empirical observation. A free market functions better than a government entity doling out a service. Having said that, I think there's reason to believe that a lightly (ie, lighter than current regulations) regulated market would combine the best aspects of government regulation and free market.

  161. Why the FCC is worth funding by Anonymous Coward · · Score: 1

    HDTV

    Without the FCC, it is likely there would be 20 different standards for HDTV, instead of the currently favored 4 standards, depending on your local broadcast support:

    SDTV at 720x480i
    SDTV at 720x480p
    HDTV at 1280x720p
    HDTV at 1920x1088i

    Would you have preferred a different format for each TV station? That is what you would have without the FCC to try to cull it some.

    Even with the FCC leading them, the media industries still have managed to split the usable HDTV band between these 4 formats for most US terrestrial DVB, making it difficult (read: expensive) for the consumer, as usual.

    People need to wise up and write Congress.
    Let your feelings be known one way or another.

    If you appreciate free television, your only hope is with the FCC simply because corporations care more about revenue than charity.

    Look at cable television. You pay money, yet you still get commercials. Seems lopsided to me.

    Is the picture any better? Well, I have seen Warner Digital Cable and I can tell you that it sucks. DirecTV sucks even worse.

    On Warner Digital Cable, all of the non-HDTV stuff looks like crap on HDTV. Looks worse than a composite feed.

    Bad encoders give laser speckle effect or in DirecTV case, they drop out the darker colors making things look really blotchy. (macroblocks)

    Sure the 6 Warner HDTV channels look good, but I'm not paying 40 dollars for 6 channels, 4 of which I can get with a regular antenna.

    Without the FCC, all of these broadcasters would be free to charge users for normal public service like news and weather.

    You would have no free PBS nor free ABC nor free CBS over-the-air. NBC doesn't exist anymore, so it doesn't matter what they broadcast.

    I suspect a model without FCC intervention would be a media control grabbing model that would allow them to encrypt broadcast FM radio and DTV so you could only tune-in with authorized players, with the data paths sealed in epoxy.

    Do you really want DNA enabled headphones and HDTV just to watch 90 year old David Lee Roth trying to sing Running With The Devil?

    Remember: through-out the 1980's the CrO2 tapes were 6 bux for 2x60min, not because the tapes were any more costly to make, but simply because they reproduced the sound better. Metal tapes suffered the same artificial price barrier, YEARS after they qualified for mass production status.

    Here's the funny thing.

    MP3 quality is less than the FM radio they were so concerned about having copied with CrO2 tapes.

    So it is the exact opposite of the war that was fought in the 1980's against CrO2 and later metal tapes. This war is not about preventing low-grade copies of FM broadcasts on metal tapes, oh no.

    Nor is it about preventing low-grade MP3's from spreading on the internet. Any media person knows there is no such thing as bad publicity.

    It's solely about charging you no matter what, how, or when you want to listen to anything.

    They want to charge you more for less quality, and then charge you even more when you ask for something that doesn't sound like it was done on Edison's wax cylinder phonograph.

    One could argue they just want to charge you more because they are bloodsucking leeches and pariahs on society, but that's more an opinion, I think.

    Media guilds, wow, is the Inquisition next?

    Are we so stupid that we will fall back into the Dark Ages of Knowledge, when all is controlled by a family, tribe or passel of pinstripe suits?

    These are the questions that are worth asking.

    The founders didn't implement the idea of public domain during a fit of whimsy. It was carefully and methodically thought out, primarily to correct the ills of the guilds the founders had seen first-hand, with their own eyes, and to not repeat these same acts of oppression in our new country.

    Let us not forget this in our haste to embrace the digital revolution.

    1. Re:Why the FCC is worth funding by AgentSmith · · Score: 1

      And this (the parent) isn't modded up why?

    2. Re:Why the FCC is worth funding by rkrabath · · Score: 1

      Because I don't have mod points!

      --
      Who do I have to blackmail to get some representation around here!?!?!?!?
  162. only one disagreement by samantha · · Score: 2, Interesting

    He did not mention the work of Lessig and others on using the spectrum as a commons and how that may be done with no real interference or problems and why that is better. A useful URL leading to some links is at http://cyberlaw.stanford.edu/spectrum/

    The FCC has a hand in far too many things that could be done as well or better (to the extent they need doing) by the private sector and the courts. In particular neither the FCC or any other part of government has and right to determine what is "decent" a la a simple breast being viewed. Only in America (and other backwards fundie dominated countries) could such a furor arise over so little.

  163. The FCC and the Internet by Openstandards.net · · Score: 2, Interesting
    I don't see all the hoopla over traditional airwaves. Except for data communications, airwave broadcasting is a dying breed. I believe we can dedicate nearly all our spectrum to one thing: LAN and Internet bandwidth.

    I think the important thing is to prevent the FCC from applying its traditional regulations to the Internet. The Internet is the future of communications, both wired and wireless. The great thing about Internet is it integrates all physical means of communication. Once you put something in IP, there's no telling what physical medium it will travel over... copper, coaxial, fiber or wireless.

    What can you do on traditional airwaves that you cannot conceivably do over IP? Talk on the phone? Watch TV? Broadcast live events? Listen to the radio? If you look at the current IP solutions to these options, the only limitation today is bandwidth, IP allocation (IPv4) and accessibility (price/location). These problems can be resolved if we focus on them instead of trying to keep traditional communication pipes alive.

    This is not to say that there will not be traditional niche uses of analog airwaves, such as emergency police, fire and military as well as civilian emergency channels like HAM radio. The law can protect these channels, and the FCC can continue to help the electronic components industry to ensure the devices do what they were created to do without interfering. But regulate airwaves the way it does today?

    The only issues we have today are not enough bandwidth and low or free Internet accessible to everyone everywhere in the US. These are the problems we should be solving; while also preventing unnecessary regulation of the Internet.

    Cable companies already have digital TV. They are doing this to preempt the inevitable. Video and audio will be available by, for and from the masses soon, including large companies, small organizations and individuals, as soon as bandwidth enables it. You'll soon be able to use the Internet to watch THOUSANDS of TV stations from anywhere in the world with the bandwidth to broadcast, just as you were able to use it to listen to THOUSANDS of radio stations, although I'm not sure how much of an impact recent regulations on web broadcasting has had to-date.

    The regulations on Internet radio favoring large traditional media companies over free home-based broadcasting stations are a perfect example of how regulations of the Internet are our only concern today. To learn about this problem, google for "save Internet radio". You'll discover a lot of concern over the issues by a lot of.

    Build a bigger pipe (Internet II?). Prevent unnecessary expansion of regulation on the Internet. Ensure that everyone can access it anywhere, including rural residents.

    If you do this, what will you lack on the Internet that traditional analog airwave-broadcasting spectrum can offer? Imagine any use today, and imagine how IP can enable it.

    Look at CBs, for instance. With IPv6, even CBs can have their own IP addresses, and use any frequency that allows them to connect to the Internet. You can create "virtual" ranges to simulate physical proximity, while also permitting the CBs to talk to anyone on the world at any time using VoIP or whatever.

    The FCC's lack of relevance isn't because of where they are today. It's because of where tomorrow's Internet will take us. Traditional spectrum is becoming digital quickly, and traditional communication mediums are converging as they become nodes on the Internet. The physical spectrum the device uses only becomes relevant to connect them to the Internet. It will have very little to do with the actual communication (voice, web, video) that then commences.

    1. Re:The FCC and the Internet by Rasvar · · Score: 1

      Why should everything be given to the internet and IP protocol? TCP/IP sucks. There are a lot of better ways of doing it. The whole internet needs to be dergulated and let the best protocol win out.

      Sarcasam aside, RF is not a bubble. Internet is not the be all end all. The internet is not going to solve everything. We all know how well the internet works when a core router goes down. Anyone who wants to be the farm on the internet will end up looking for a new place to live. Spectrum needs management because there are too many assholes out there who don't give a damn about others. Of course, we all know how well companies work with others. I don't have the link; but just look back on the BS with Nextell phones and emergency services.

    2. Re:The FCC and the Internet by Openstandards.net · · Score: 1
      TCP/IP was created in a deregulated environment. Why don't you like it? TCP is just one communications layer, and IP is just a numeric addressing and routing scheme. You can add plenty on top of it, such as QoS and security. With enough bandwidth, there's virtually nothing you can't accomplish that you can accomplish with consumer targetted analog.

      TCP/IP is here to stay because it's the foundation of everything else, although it is possible to upgrade it over time. As for IPv6, it's coming, slowly but sure. There are things we can do to speed it up. Internet 2 is built on it, and new services such as the CB example I described can be built on IPv6.

      Internet is not a bubble. It was built completly without Wallstreet's help, and it will continue to prosper no matter what the latest investment trend is.

      The reliability issue is overblown and very misunderstood. You can, for the most part, have your IP communications be nearly as reliable as you want them to be. But obviously, reliability, like RF broadcast stations, cost money. Redundancy is an option, and some sites spend money on it. When was the last time IBM's website was down?

      The Internet is designed to be reliable, but it's an option, not an automatic benefit. You can build all the redundancy you need, but you aren't going to build more redunancy than makes sense for your needs and budget.

      I can tell you that my Internet connection has been continuously on and uninterupted for over 6 months, 24/7. But I pay for that 99.9% reliability. A local FM station I listen when I'm in my car has been down more than that. At home, I listen to commercial free digital music, continously. I love it.

  164. If any thing.. by Viceice · · Score: 0, Offtopic

    If any agency deserves to go the way of the Dodo, it's the US patent office, not the FCC.

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  165. Algorithm for abolishing/creating institutions: by marcovje · · Score: 1


    repeat
    If market_is_mess then
    begin
    writeln('Market needs regulation');
    Create_Institution
    end;

    if assigned(institution) and (institution=bureacratic) then //(second clause is always true given enough time
    begin
    Writeln('Cry wolf over institution, say market can regulate itself');
    Writeln(stderr,'Communism failed');
    Kill_institution;
    end;
    until hell=frozen;

  166. Yes! by GlenRaphael · · Score: 2, Insightful
    Scrapping the FCC would lead to complete anarchy which would in turn result in very bad things for consumers, such as cell phones that only worked half the time or in certain parts of the country
    /sarcasm ON/
    And this would be different from our current system HOW?
    /sarcasm OFF/

    Seriously, though, the FCC caused the problem of cellphones "that only work half the time or in certain parts of the country". Deliberately, by design. Irrational fear of monopoly led to auctions in which only local providers could bid for only a couple of slots per region. It took a huge effort for providers to stitch together enough coverage to sell the coast-to-coast plans people wanted, starting from the mess the FCC created with the initial cellphone auctions.

    Bad coverage and poor reception is something a freer market would be good at fixing. The FCC is sand in the gears: the way it makes it difficult for people to consolidate frequencies, exchange lower-valued uses for higher ones and offer new services outweighs any reasonable estimate of the good they might do.

    --
    I play Nerd-Folk!
  167. Yes. by Queuetue · · Score: 2, Insightful

    And the patent office, too.

  168. Yes, Yes it should. by ellem · · Score: 1

    The FCC should be abolished and its Commisioners executed starting with Colin Powell Jr.

    --
    This .sig is fake but accurate.
  169. Re:Wow. You are screwed up. by DataCannibal · · Score: 1

    DOn't be so stupid.

    I look at girls and say to myself: "I wish I could see what is underneath her clothes and then run my hands and tongue all over it "

    --
    No but, yeah but, no but...
  170. There's a song about it! by toby · · Score: 1
    --
    you had me at #!
  171. Can the market regulate itself yet? by jellomizer · · Score: 1

    No it can't. Why because there are to many jerks out there who believe if it is legal to do then it is right thing to do (like the guy next door who plays his music loudly at 2:00 am while what he is doing is legal, the right thing to do for most cases is to turn down the music so the rest of the community can sleep). Even with these laws in place they will see how far they will bend until it breaks (like going 75 mph in a 65 mph zone, while most cops wont pull you over if your driving 75 and almost none of the will pull you over at 70, but at 80 and faster there is a good chance if they see you they will pull you over).
    Now I am not the one who believes that the government should keep making more laws, because laws are very static and don't allow much wiggle room to do the right thing while not following the law (Say talking on you cell phone while driving in NY, when someone in you car is in a medical emergency and you are currently on a highway without any stopping zones). But unfortunately people cannot regulate themselves and abuse their rights thus causing laws that limits their rights.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  172. Re: IEEE too. by rekarc · · Score: 3, Insightful

    The FCC does much more than relegulate who buys and controls the frequency spectrum that the public sees, both comercial and public use (Amature Radio, remote control cars, etc). It also deals a lot with RF safety, boundaries, military and civilian spectrum boundaries, actually defining on maps where the towers are and how much power they output. Who else is going to say my remote control for my TV shoulded interfer with my next door neighbors mobile phone? Who is forcing the phone companies to let me keep my phone number when I change carriers on my mobile? The industry certainly doesn't want us to. Granted I'm biased by my father working there, but he was one of those engineers that does much of the research on RF safety harzards and geospatial mappings that everybody seams to like. I for one like that fact that there are fences are the microwave dishes so I don't litterally cook.
    Yes, the FCC should get out of the censorship business, the sponsors do a much better job at it as another commentor stated. Besides, 1st amendment ring a bell. The FCC should stick what it was intented to do: make sure everybody plays nicely together. With an industry with this many big money players, there is a need for some one to play mother to a bunch of greedy little children who don't know yet how much they really affect everyone else.

    -tom c.

  173. No, replaced. by dentar · · Score: 1

    1: NO industry can "regulate itself." Look at Enron. Look at the whole energy industry! Allowing ANY industry to regulate itself really means "Allowing a free-for-all."

    2: The FCC as it currently stands, is ineffective at anything more than handing out spectrum to the highest bidder, eliminating competition, causing the news to be more and more biased, and getting America all in an uproar over Janet Jackson's boob. However, when stations in general don't serve the public interest, nothing is done.

    --
    -- I am. Therefore, I think!
  174. Jamming Dude by Zapdos · · Score: 1

    If the FCC goes away, I just think about the signal jammer I will have. I will no longer have to listen to anyone else's radio anywhere I go.

  175. Hello by Anonymous Coward · · Score: 0
  176. Software radio and UWB by richieb · · Score: 1
    They're suggesting frequencies be sold like property. If you're broadcasting between 54Mhz and 216Mhz, and I own that property in the area (VHF TV channels 2-13), I'll sue you, and I'll get a restraining order to get your equipment unplugged or seized.

    But this sugestions shows that he does not understand how the technology has changed and why this approach to the radio spectrum no longer makes sense.

    Nobody should own any frequency band, instead a standard should be defined for transmitting devices to share a wide band of frequencies (that's how wi-fi works in relatively narrow band).

    Think of the radio spectrum like one big Ethernet, where if all device follow correct procedures, everyone can share the spectrum and no on has to own it.

    Google Software Radio and UWB.

    --
    ...richie - It is a good day to code.
  177. The Industry, Not the Market, Would Run the Show by reallocate · · Score: 2, Insightful

    Abolish the FCC and it is the industry, not the market, that would regulate itself, meaning, they'd do anything they wanted to do. We'd very likely see an ever-increasing aggregation of production and distribution in a very few, very large corporations. The Clear Channel phenomenon would spread until most profitable TV and radio stations, as well as local newspapers, were owned and programmed by a very few media giants. Content would deteriorate to the lowest common denominator. The remaining, unprofitable stations and newspapers would struggle to stay afloat while facing constantly decreasing revenue.

    Eventually, the pendulum would swing back, and the public's dissatisfaction with the industry's behavior would propel the creation of FCC v.2.0.

    --
    -- Slashdot: When Public Access TV Says "No"
  178. Re:As Grandpa Al Lewis Once Said... by wideBlueSkies · · Score: 1

    Take away a man's right to say Fuck, and you've taken away his right to say Fuck the government.

    I think Lenny Bruce said that.

    wbs.

    --
    Huh?
  179. Potato. by qtp · · Score: 1

    Tailpipe.

    Done.

    --
    Read, L
  180. Re:Wow. You are screwed up. by ckaminski · · Score: 1

    In Janet Jackson's case, you can run YOUR tongue all over it... I'll go find someone less repulsive.

  181. FCC and market self regulation by yoder · · Score: 1

    I'm still trying to think of even one industry that is capable of regulating itself without becoming another airline industry............Nope still haven't thought of one.

    --
    "In a time of universal deceit, telling the truth is a revolutionary act!" -- George Orwell (Eric Arthur Blair)
  182. Look to the sources by Anonymous Coward · · Score: 1, Interesting

    The only sources quoted in this article was from the Manhattan Institute, which is a conservative think tank; the only politician interviewed was a Republican. These aren't non-partisan voices, these are extremely partisan voices, voices of people who are trying to dismantle our government.

    Deregulation has been a long string of disasters -the saving and loan disaster, Enron happened in part because the company fought off government regulation of Energy Futures. The Airline Industry was healtier under regulations than it is deregulated. The consolidation of media in this country has happened not because of regulations but because conservatives have consistently gutted the anti-trust statutes.

  183. less government = better country by Atrophis · · Score: 1

    FCC = more government bloat = more tax payer dollars

    --

    i cant seem to come up with a sig.
  184. the FCC is a necessary evil by rtphokie · · Score: 2, Insightful

    The FCC is needed to ensure that the public airwaves are used fairly. They've done a pretty poor job of it lately but that doesn't negate their need. The airwaves are a limited resource so some regulation is necessary or the big guys will squash the little guys.

    A reformed FCC should do 3 things:
    1. regulate the power and frequency which transmitters broadcast on. Make sure everybody works a plays well with each other.
    2. license transmitters (rather than individuals) for broadcast to ensure that everyone works and plays well with others. However, some frequencies should be left open for all to use for all common purposes (that includes 2 way communications, television, radio and data) for experimentation or personal use.
    3. Foster (and if necesary help fund) efforts to make intelligent use of available bandwidth.
    1. Re:the FCC is a necessary evil by Anita+Coney · · Score: 3, Insightful

      Currently the FCC does not protect our interest. The sole purpose of the FCC is to protect the status quo of corporate America.

      Content producers wanted broadcast flags mandated on every TV device, including even public domain content, the FCC gave it to them.

      Content producers want to plug the analog hole, i.e., keep us from even recording analog copies of our shows. Even though our US Supreme Court ruled that such copying is legal, after 2006 the FCC has mandated that no TV device will have analog output. With no analog output, there will be no ability to record onto analog devices. All those VCRs out there will be useless.

      Internet cable companies did not want to be defined as common carriers, i.e., they want to be able to limit what you can access and do on the internet. So, the FCC capitulated.

      And as the editorial pointed out, the FCC attempted to scale back competition rules related to the phone industry.

      It's a simple fact that the FCC is anti-consumer and is utterly and completely pro business. How exactly does that protect us?!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  185. Yes by Anita+Coney · · Score: 1

    I'll say it again, yes.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  186. Prude by Anonymous Coward · · Score: 0
    Things like Janet Jackson at the super bowl don't make me feel sorry for the guilty parties at all. National tv with children watching and people feel the need to "push the envenlope."

    Ah yes, a bare breast is damaging to young minds. Please. Not all of us are as repressed as you seem to be. You know, I hear you can watch lions doing the nasty on the Discovery Channel!

  187. Corporations cant self-regulate by nurb432 · · Score: 1

    While i hate governmental intervention more then the average guy, powerful corporations are worse.

    Companies have noone to answer to except the mighty dollar. ( in an unregulated scenario ).

    At least with government you can ( in theory ) vote them out if they screw up.

    --
    ---- Booth was a patriot ----
  188. Someone thinks so... by Anonymous Coward · · Score: 0
  189. FCC is a good thing by whitelabrat · · Score: 1

    I've had a lot of contact with the folks at the FCC back in the late 90's. One gentlemen from the FCC explained why they were commissioned in the first place. Before the air waves were regulated, anyone could set up a radio station or the like. There was so much interference that important communications such as wireless telegraph were unreliable. The president at that time (Roosevelt?) thus commissioned the FCC to keep things sane.

    It would be nuts to deregulate the airwaves! Could you imagine folks setting up some crazy 1kw transmitter on the 2.4GHz frequency? Very bad.

    1. Re:FCC is a good thing by Anita+Coney · · Score: 1

      Actually, if you read the article, and knew the history of radio, you'd know that courts were dealing with the problems associated with multiple broadcasts.

      People have disputes over property all the time. Over land, cars, grain, etc. Setting up a government agency to dole out and control airwaves is as asinine as setting up an agency to dole out our daily food supply.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  190. remarkable? by Anonymous Coward · · Score: 0

    "Since then, those formerly communist nations have privatized resources formerly owned by their governments, with remarkable results. Estonia is Europe's new economic wonder: revenue from state-owned property is a smaller percentage of the economy than it is in the United States, and its economy is growing more than twice as fast as ours."

    The results weren't remarkable so much as they were predictable. As the federal government in the United States continues to grow, the economy of the United States will continue to shrink. Businesses will continue to move overseas until the US has an economy the size of North Korea.

  191. Bingo by michaelmalak · · Score: 1
    For some more dirty history of the FCC, see the mises.org blog entry FDR's Thought Police: Still Alive, Still Censoring.

    The FCC is a symptom, not a problem. The problem is figuring out how to construct a government to ensure liberty for the people rather than fueling big government and big business. The FCC is but one branch of a centralized (so-called "federal") government that continues to usurp power contrary to the Tenth Amendment.

  192. Open Spectrum by Anonymous Coward · · Score: 0
    Right. Property rights for frequencies? That's so 1930...ultrawideband gives you vastly more throughput, just regulate max power and you're good to go. I'd say regulate the protocol, but the government would never keep up with technology. With digital error correction you can withstand some collisions, and with some of the newer designs you can scale linearly with the number of nodes. Wireless broadband everywhere, and send everything over the packet network...allocating frequencies is like building a separate wired network for every purpose. We don't need that anymore; just like we replaced Ma Bell with the Internet, we can replace the current regime with something more open and accessible.

    Google for "David Reed Open Spectrum" for introduction or check the papers at Reed's site for details of some protocols.

  193. Feeding the trolls... by jlaxson · · Score: 1

    I'm sure New York public service would disagree with you. Hundreds of hams congregated on the New York city area to provide professional communications while nothing else was available. Just because a ham has a ticket doesn't make him professional, but many of us train with local, state, and federal disaster agencies. Many hams with are able to provide power long term or indefinitely when there is no other available source.

    You're right, trained professionals can do anything we can with our equipment, but, without hams, who is going to pay for the training? How are you going to amass a group as large and trained as the pool of emergency-ready amateur radio operators?

    BPL will not just destroy amateur spectrum, it will destroy most all HF spectrum, from on top of the AM radio bands to 80mhz. Emergency communicators, hams or not, will not be able to get through it, either.

    --
    On Apple Input Peripherals: They're okay, I guess, but I was really hoping for a one-key keyboard and a 109-button mouse
  194. Pigs won't fly by spiritraveller · · Score: 1
    What if disputes over spectrum arose? The answer is simple. Whoever owned the rights to that slice of virtual real estate would locate the illicit broadcaster, march into the local courthouse and get a restraining order to pull the plug on the transmitter. Trespass is hardly a new idea, and courts are well-equipped to deal with it.

    Yeah, and how long do you expect that to take oh wise political correspondent?

    Judges are busy enough dealing with ACTUAL property disputes. If the average time to hear a case in California is 6 years, how likely is it that the courts can effectively police the airwaves?

    The next paragraph is even more laughable:

    One fear is that some predatory monopolist, a Microsoft of the airwaves, would end up owning all of the spectrum. That won't happen. First, the market value of the spectrum would approach $1 trillion, out of the reach of any individual corporation. Second, antitrust laws would remain on the books. The Department of Justice could wield the Sherman Antitrust Act to challenge unlawful conduct and block mergers.

    Uhm, if Justice wasn't willing to continue the fight against the actual Microsoft, what makes the author think it will fight against a "Microsoft of the airwaves"?

    Yes, the FCC sucks. If it were up to me, I would take away its power to regulate "decency" and make it strictly a policeman of spectrum rights. But of course, the decency regulation is what validates its existence for average Americans who are afraid of Howard Stern and Janet Jackson's right breast.

    So, unlike the author, I know that I won't get exactly what I want, and pigs won't fly.

  195. Re: IEEE too. by rudeboy1 · · Score: 4, Informative

    I agree. I'm in the RF industry, and I can tell you from first hand experience that, while the FCC has many negative attributes, it carries some crucial resposibilities. The FCC governs the wireless spectrum; everything from defining bands for various devices, to ensuring the safety of the public. Look at Nigeria. As far as I have been informed, there is either no governmental regulation on RF, or the public doesn't pay any heed, (neither would surprise me, as the country rates in the top 5 as most corrupted countries). In Nigeria, the broadband spectrums, (2.4, 5.8GHz) are so unorganized that they are building long distance, high power links right on top of each other. Instead of working with an agency like the FCC to coordinate different company interests, they simply turn up the volume. Almost every piece of wireless broadband equipment has an amplifier on it, even those reaching only a few hundred yards, to say nothing of the ones going 10-20 miles.
    The FCC not only organizes this effort, but also enforces it. Sure, we frown on them for coming down like a ton of bricks on Janet's boob, (who wouldn't - frown I mean. :) but on the other hand, when someone acts up, and puts up a pirate radio station, or causes interference into a legitimate channel, the FCC is generally there to bite them in the butt.
    I agree that the FCC is slowing our technological progress down, but they also provide crucial services. I suppose my suggestion might be to melt them down and start over, creating, (immediately) an organization who can administer the airwaves, (and phone lines, etc.) and then figure out what else NEEDS to be included, without giving them free reign over all things communication related.

    --
    Raging in an online forum won't do anything for the world around you. To see change, you must take action.
  196. Consitutional authority? by bishmasterb · · Score: 1

    I just checked my copy of the constitution, and as I suspected, I found no authority for the federal government to regulate electromagnetic radiation transmissions. I'll re-read it again though, just to make sure I didn't miss anything.

    I did read something about "Congress shall make no law...", don't know what that's about. Has anyone told them that part?

    1. Re:Consitutional authority? by Baron+of+Greymatter · · Score: 1

      Telecommunications is considered Interstate Commerce, which the Constitution allows the federal government to regulate.

      Article 1, Section 8, Clause 3 of the United States Constitution: (Congress shall have the power) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

      That authority is now with the FCC, authorized by the Communcations Acts of 1934 and 1996. Originally, it was the Navy Department. Would you rather have the military controlling all radio like in the World War I era?

      Didn't think so.

      --
      Microsoft's VP of Customer Service is Helen Waite. If you are having problems with their products go to Helen Waite.
    2. Re:Consitutional authority? by bishmasterb · · Score: 1

      Hmmm. Let me check my WiFi PCMCIA card...yep it says right on the label "Complies with all FCC regulations." Now I ain't the sharpest knife in the drawer, but I don't think my 802.11 signal is transmitting "Interstate". Just goes to show you that give the government and inch and they take a mile. The only winning move is not to give them the inch in the first place. And as far as who I'd rather have in control; I'd rather have private ownership of the airwaves, instead of political control.

  197. FCC should get a new charter, not be abolished. by Gr8Apes · · Score: 3, Interesting

    There are several things about this story that bother me. I do believe the FCC provides useful and very important services. I also agree with this story that the FCC has become something it should never have been, the censor of "all that's right"[tm] and a tyrant dictator of the airwaves.

    What's good:
    • Regulates frequencies to be used by various entities.
    • Sets standards on EM radiation
    What's currently bad:
    • Regulates corporations on what they can broadcast
    • Requires corporations to seek FCC approval before mergers/acquisitions can occur (since when are they the FTC?)
    • Gives effective monopolies to corporations
    • Creates unfair taxes without representation (violation of some minor detail in the Constitution, if I recall correctly)
    • etc

    Personally, I think the broadcast spectrum should be leased, with companies that have leased having the right to release a frequency band at a maximum increase per year, 5 years, whatever (something for Congress to decide). This leasing should occur through the FCC (one of its only functions, or even sole function, in the "new order")

    The FTC should be the watchdog for monopolistic practices on the airwaves. They should already be all over ClearChannel, as they own far too much in certain market areas. Of course, the FCC "monopoly" definition is reaching more than 80% (it's some x%) of the nation's population, not holding all the stations in a single locale. Which is more monopolistic, and more readily accomplished? Monopolies are not necessarily nationwide, if I own all the gas stations in Chicago, I am a monopoly, regardless of whether you can drive 50+ miles to get gas elsewhere.

    --
    The cesspool just got a check and balance.
    1. Re:FCC should get a new charter, not be abolished. by Asterisk · · Score: 1

      Who owns what frequency is a matter more efficiently dealt with at common law, without all of the corruption and centralization that having a bureaucracy entails.

      And EM emissions certification can easily be accomplished by private organizations, like UL, Consumer Reports, etc.

      That leaves only the negative aspects.

    2. Re:FCC should get a new charter, not be abolished. by Gr8Apes · · Score: 1

      I disagree that common law can effectively or practically manage frequency ownership and use. A central entity is really the only recourse, even if they delegate sections down to the local level. Somewhere, someone has to set some standards. I prefer the government over someone like Verisign... sitefinder ring a bell? At least the government doesn't have commercial aspirations, or shouldn't under the restrictive charter I mentioned as being given this "new" agency. (And yes, charters can be increased over time, and our current bureaucracy loves to engage in that creep. I don't posit a solution for that problem here)

      I agree that EM emissions can be measured/certified by UL. However, some gov entity somewhere needs to set regulations for what's allowed.

      --
      The cesspool just got a check and balance.
    3. Re:FCC should get a new charter, not be abolished. by Asterisk · · Score: 1
      I disagree that common law can effectively or practically manage frequency ownership and use. A central entity is really the only recourse, even if they delegate sections down to the local level.
      Why? The courts were already beginning to establish precedents for dealing with radio transmission disputes when they were pre-empted by the FCC. Why wouldn't they be able to handle it?

      At least the government doesn't have commercial aspirations, or shouldn't under the restrictive charter I mentioned as being given this "new" agency.
      I'd much rather deal with organizations with commercial aspirations than organizations with political aspirations: a commercial organization's survival depends on satisfying its customers, al teast at some level. But plotical agencies are completely unaccountable; they get funded by a third party, and lobby for their funds by putting themselves in the spotlight, which often means taking actions just so they can be percieved as doing something, whether or not it needs to be done, or even successfully addresses the problem. Add the tendency toward 'agency capture' inherent in any regulatory bureaucracy, and you'll wind up with a situation like the one we're already in.

      Any system always progresses towards an equilibrium, and the equilibrium for modern regulatory agencies is corrupt, over-regulating bureaucracy and agency capture. Common law institutions have, over the centuries, proven themselves far more reliable, and far more compatible with a free society.
    4. Re:FCC should get a new charter, not be abolished. by Gr8Apes · · Score: 1

      The courts generally take to long to do anything effectively, and are usually in the form of suits. This means that lawyers make lots of money. This is better than a simple government agency where you get your license?

      As for the inherent corruption, that occurs when the charter for an organization is too broad, or implies that the organization has power. Take license plates, for instance. They're handed out via a government agency. They even do personalized plates. It's extremely efficient, overall, as compared to making your own personalized license plates and then duking it out in court when you've picked the same trite "hello" that 59 other people have. Then again, that may just be my impression, but filling out a form with your options seems much simpler than filling out court documents....

      --
      The cesspool just got a check and balance.
  198. Re:What is the standard? by Anonymous Coward · · Score: 0

    60 Hz or 50 Hz?.
    30 frames-per-second or 25 frames-per-second?.

  199. Yay to free Trade by Anonymous Coward · · Score: 0

    I agree that it should be abolished... The government has no place "regulating" anything we do. The government does not know what we want/need, we know what we want or need. Privatizing the industry would allow us to get what we want, when we want it, and how we want it.

    (sorry if this doesn't make much sense as far as grammar, im sick and ive taken some dayquil. not good for thinking : )

    -Red

  200. Open Spectrum? by ntr0py · · Score: 1

    I'm surprised no one has mentioned GNU Radio or the open spectrum concept in general.

    There's no reason for the FCC to continue to exist, but this guy's idea of the alternative is just a little off.

  201. Regulation serves a purpose by Ho-Lee-Cow! · · Score: 2, Interesting

    "What if disputes over spectrum arose? The answer is simple. Whoever owned the rights to that slice of virtual real estate would locate the illicit broadcaster, march into the local courthouse and get a restraining order to pull the plug on the transmitter. Trespass is hardly a new idea, and courts are well-equipped to deal with it."

    In general, I agree that the FCC does too much and is far too swayed by politics., especially in the picking of technology. HDTV and BPL are both losers, for the way that the FCC is trying to force them where they don't serve the interests of the public.

    However, there are a number of radio services that are not 'owned' by anyone, like the amateur spectrum, who need to have the power of business limited. Believe me, the spectrum would vanish overnight if left to the free for all of deregulation. Government oversight, in the public interest is always better than the current scheme of government picking winners and losers so that the commissioners have nice places to land in private industry when they leave.

    --
    In space, no one can hear you moo.
  202. Offensive on its face. by Anonymous Coward · · Score: 0

    The FCC needs a major overhaul, in terms of methods and purpose (at least as practiced.) But his solution fails to live up to the standards of property on which it depends.

    The airwaves are legally the property of the public, and the FCC is essentially a hired landlord. They have no more right to sell off bands of spectrum than the park service has to parcel out bits of yellowstone.

    The "solution" where those who wanted to broadcast would pay rent to a massive corporation would not resolve the big problems we already have: The drive to consolidate continues, the drive to censor anything that damages the advertisors / owners economic interests remains, and there is still a lot more money to be collected by limiting access to a powerful few rather than opening the spectrum for general use.

    It would be far better for the FCC to act as a standards-approving body in an open spectrum environment. Limit their authority to approving and enforcing popularly supported methods of sharing spectrum, and providing forums for through which local communities can enforce local decency requirements on local broadcasts. I'm leaving the details to others, no self-respecting slashdotter should be asking what open spectrum is or whether it really works.

  203. FCC is archaic by Anonymous Coward · · Score: 0

    Times have changed and the FCC has become an archaic institution with enourmous redundancy and a huge overhead. Now it is about time to abolish it and pave the way for a new era free of old and irrational regulations and suitable for a modern, free, and market-driven environment.

  204. Can the market regulate itself? by beamin · · Score: 1

    Ask the 19th century. Or Gordon Gekko. Or Kenneth Lay.

  205. FCC is like the Natl. Park Service for RF spectrum by aphor · · Score: 1

    In the US, the airwaves are legally public property. The FCC licenses bits of the spectrum in broadcast range defined areas for private and public use. This (theoreticallly) makes sure that no nasty people can spam the airwaves with, as an example: ultrawideband noise, and thus render RF communications useless. If you RTFA, the only recourse in a privatized spectrum without the FCC is to sue for trespass. Can you afford to sue the 800 lb. gorilla "stepping on" your spectrum?

    The problems Declan McCullagh says the FCC leaves behind are not solved by abolishing the FCC. Ask HAMs if the FCC actually does anything right. Do we want to lose that with no promise of anything to gain? Solving the issues DM raises will require government intervention on the same scale (if not larger) than the current FCC.

    The problem with the FCC is they have over-licensed a few corporate entities with too much of the spectrum. Clear Channel, for example... The US Military has switched to digital communications that share small portions of the sweetest RF bands, and the rest of it should be reclaimed for civil use. The FCC should be constrained by a constitutional ruling or specific legislation/amendment prohibiting them from rulemaking on the signal content. That would solve the "7 words" George Carlin whines about.

    When you're done with that, then ask "is there anything left of the FCC worth keeping around?" DM's "I don't like this, therefore abolish it" is not clear thinking.

    --
    --- Nothing clever here: move along now...
  206. Analogy to Homesteading is Nonsense by j_c_rivera · · Score: 1
    We are have three dimensional bodies. As such, we can claim to be using physical space and set up homesteads. If I live on land and successfully defend it from use by others, after a while, it becomes mine (details varying according to local statutes).

    But where is frequency space? Can anyone actually BE in it? What can you put there? How can you claim to be able to defend it if anyone, at any time, can disrupt what you do there simply by being there too, via interference?

    Frequency space, although a very well-defined idea, is not a realm that anyone can inhabit or possess. It's inherently different from land and, I believe, cannot be owned.

  207. "Self Regulation" of the Cable Industry by AnalogDiehard · · Score: 2, Insightful
    The FCC deregulated the cable industry years ago expecting it to regulate itself.

    Time Warner bought up all the independent cable providers and created their monopoly. That is not the definition of self regulation.

    The FCC acted under the influence of corporate media interests back then; I have little doubt that the move to abolish the FCC is another conspiracy of the same.

    A major media giant now owns the broadband cable into your home. If you're not satisfied with the service, you don't have any alternatives - Time Warner owns them all, you're stuck with them.

    Replace "broadband cable" with "radio bands" and "wireless communications" and ask yourself if you really want those resources in the hands of a sole media conglomerate. If you thought popular radio was bad today, then it'll get much worse when the "self regulating" wireless industry moves to barricade the independent radio stations out of existence.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  208. Did Stern WTFA? by mrn121 · · Score: 1

    I just RTFA, and I am starting to wonder now if Howard Stern WTFA. (The "W" stands for "wrote." I will let you guess what the "F" stands for.)

  209. Funniest lines... by mefus · · Score: 1
    This has to be number one:

    The Department of Justice could wield the Sherman Antitrust Act to challenge unlawful conduct and block mergers.

    --
    mefus
    In Open Society, GPL Software frees YOU!
  210. Still has a purpose by Jahf · · Score: 1

    While I think the FCC needs an overhaul almost as much as the IRS, I do still think the FCC has a purpose.

    Given how much hell I have keeping my 802.11b ISP connection stable enough to use on a weekly basis, I can't imagine what the wireless life would be like if no one was regulating the basic service channels. Yes, I know 2.4GHz is -unregulated- but that is the point ... it's unregulated and it is quite useful, but it is also a total noisy mess.

    --
    It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
  211. The Government should create information "road". by zymano · · Score: 1

    The Government should create information "road" just like they created the internet. And not sell of the public spectrum to rich people. We need a bigger broader 'internet' including the 'all' the wireless airwaves and new tech like the aricle in Discovery about directial handheld wireless phone/pda's.

    Allowing corporations or special interest to control our speech and our airwaves is very wrong.

  212. Non FCC broadcast spectrums. by Zaphod-AVA · · Score: 1

    We all live with local laws dealing with the audio and visual spectrums every day. You can't just set up a loudspeaker on your roof and piss off your neighbors.

    Why is radio so much more difficult to deal with?

    -Z

  213. A near insider comment by Ektanoor · · Score: 2, Insightful

    Frankly I can tell you that this is the most stupid idea I ever heard for the last time. Anyone who thinks that dissolving such organisations like the FCC will make the world better is either a complete outsider or is completely nuts. And I can tell you this because I am working at something very similar to FCC. No matter the differences from country to country, I know that we both meet similar situations at our work. Let me present you some:

    Frequency fistfights - this is not only a case of walkie-talkies and radios. It is a case of mobile phone corporations degradating its neighbors while playing tricks with base stations. Sometimes it reaches a serious fight where two or even three corporations create a complete blackout over a whole city.

    Internet wars - Your traceroute shows a "Yves Rocher" path to reach your neighbor next block? The Berlin-Paris-New York routes are the result of eternal fights that go much further away from a simple economical reason. It is enough for two CEO's to hate each other for you to see peering not being made for years.

    The super-pooper routers/switches/etc. - You buy something with hope that will make what is shown on the box. However it works badly or does not work at all. It occurs that developers messed protocols or just a byte in the middle. In a supervised market this looks much as an occasional nuisance. However any deregulation will bring the market to its knees and end in a mess of "made in USA - roughly near Ho-Chi-Min city". Example: In the highly deregulated market that Russia had in the 90's, after USSR's fall, this was the Hell in Flames.

    Black Holes popping over the net - You come to a provider and find that he even does not know half of the network. The founders have gone long ago and the current admin is a fast promoted technical support guy with minimal knowledge of reality. Something goes wrong and we find tens of thousands of users hanged in a black hole as no one knows configs, projects, designs, schemes or even the names of the network systems...

    That's the reason for such things as FCC should exist. By itself, the "Ephir" will turn into something worser than Dark Ages. However I do agree that most FCC's of this world are badly adapted to the realities of modern life. I would even say that they are horribly adapted to it. Besides they are overweighted by mega-corporations, high politics, corruption and cellulose bureaucracy. Besides many inside FCC's are not so "overlord" as they may seem to an complete outsider. They are people, sometimes that still live in the 70-80's of their youth. So their knowledge has serious gaps for our days. And this creates all the problems for which the FCC's are known. But if we dismiss them, there will be no self-regulation. There will be Megasofts and Meghards trying to eat every cent in our pocket.

    Frankly the reasonable solution is always in the middle... Reform the FCC. Right now, that is what is happening here. Not as one would like, but still it is better than nothing.

  214. There are other regulatory options besides the FCC by Anonymous Coward · · Score: 0

    The two main problems with the FCC are that it is slowed by bureaucratic excess and corrupted by the deep pockets of the large media companies. The recent morality push is more a personality/ego issue with the current director and a reflection on the priorities of the Bush administration.
    Ideally, the solution to the current mess would be a thorough overhaul of the FCC and reallocation of its priorities and powers. There needs to remain some authority to require manufacturers to keep their devices to within the proper bandwidth but regulation over pricing and access to bandwidth should be conrolled more closely by congress. However slight, I believe there is still more accountability in this approach. There hopefully would also be more opportunity for non-business interests such as amateur radio to get a fair deal. Groups such as the IEEE and the various CE consortiums should also wield more influence, especially in the are of new and developing technologies. A little governmental heft could even help in keeping standards as standards and not targets.
    Finally, content should be taken out of the FCC's purview altogether. No broadcast flags, v-chips, indecency fines, etc. Media companies don't need governmental assistance (and taxpayer funds) to add more layers of content protection. They have had a succesful history of dealing with the CE industry and getting their way. There also seem to be plenty of people able to support a marketplace for v-chips, self-censoring DVD players and the like. Focus only on the technical side of communications and you can chuck out a lot of time and energy wasted on preventing what information is actually communicated.
    Is there a chance of this happening? Not in the near future but one can hope.

  215. Credibility? by sean23007 · · Score: 1

    Since then, those formerly communist nations have privatized resources formerly owned by their governments, with remarkable results. Estonia is Europe's new economic wonder: revenue from state-owned property is a smaller percentage of the economy than it is in the United States, and its economy is growing more than twice as fast as ours.

    If I wanted to destroy my credibility, I would conclude my article with this paragraph. Apparently, that's exactly what he wanted to do... The US economy is the strongest in the world; its percentage of revenue from state-owned property has something to do with that (you need some ... as in, a balance). Of course the Estonian economy is growing faster than the economy of the US. It's starting from ZERO! If the economy of Estonia were growing at the same rate as the US economy, they would be bad times indeed over there. Especially considering the fact that the US is currently fighting out of an economic recession. (Which, if you can imagine, is not good for the "economic growth" statistic.)

    Basically, all of his points seemed dubious, but ending with this one shows that he deserves little to no credibility, and we should all expect, nay, hope, that the FCC will stick around to protect us from the large corporations for some time to come.

    --

    Lack of eloquence does not denote lack of intelligence, though they often coincide.
  216. Weigh the possibilities by defile · · Score: 1

    Politicians dictate policy and enforce it with guns.

    Businesses develop policy and sustain it with dollars.

    Sometimes politicians covet businesses, sometimes businesses covet politicians. Regardless, this pairing is a powerful force that upsets the balances of our democracy.

    Destroy these alliances by taking the guns out of the hands of politicians.

    The USA started with a few basic ideas: prosecute criminals (where crime equals victim and malicious intent), keep people to their word if they swear to (enforce contracts), promote standards (money, units of measure), protect people from religion, people protect their communities and enforce their laws.

    Today it resembles a much different beast. One that imprisons people who have harmed no one, one that codifies religious dogma as law, one where armed men roam communities looking for "criminals", where our soldiers invade countries that have never harmed us, and one where businesses are more valuable constituents than civilians.

    Lets abolish the FCC. Afterwards, we can hit the FDA, FTC, DOJ, DOD, DHS, and so on.

  217. if FCC allows al media to be owned by 4 co's, yes by Sjobeck · · Score: 0

    If the FCC continues down its current path of being an obvious puppet and abusivly slapping American citizens in the face about it, essentilly saying, "oh yeah, stupid FOX News/NASCAR/Cops fans, what you going to do about it", then I would say, yes, shut it down & let us deal with these issues another way. I do not know how the FCC came to be, but I am certain there was a perfectly legitimate reason & way it did, but it is so hard to see how damn near any of this agencies & others similar to it are doing any good. I'd say their new motto is "do no further harm". And, that is damning. If they were capable of actually doing good, I'd fall off my chair. Man has an unlimited capacity for greed, fear, corruption, and if you are one of the ones most likely tempted, then head to Washington. Scum.

  218. Public Safety by ONOIML8 · · Score: 1

    Great idea. We'll get rid of the FCC by selling spectrum to the highest bidder. That means we will either have to pay a whole bunch more taxes so public safety providers can use radios or they will just have to do without.

    Imagine calling 911 for a traffic accident. The dispatcher will just phone the ambulance, fire department and law enforcement. Once those people are in the field....I guess they'll just yell if they need help.

    And amateur radio? To hell with that. If you have some idea for something new in communications you had better just have a big bank account to buy spectrum or forget it. Yeah, that'll promote the state of the art.

    Suppose you did scrape together enough money to buy a frequency to use. I come along and camp on the same channel. Oh yeah, you might take me to court. Ooooohhhh, I'm scared....not. After spending all that money to bid for spectrum you might not have enough to wage a legal fight. I'll play that game.

    Yeah, let's get rid of the FCC. It'll be like the wild, wild west. Sounds like fun.

    --
    . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
  219. Media Diversification is Required for Democracy by perljon · · Score: 1

    I've seen economists claim that the game "Capitalism" is a good economy simulator. The game simulates a capitalist economy. As a business owner, you can control every thing from the collection of raw resources, manufacturing of goods, and distribution of those goods through a retail store. You compete with other business owners. You advertise your products to raise the worth of your product. You can own TV, Radio, and Newspapers.

    The game is based on the principal that a products demand is a comibination of it's quality, cost, and marketing. By marketing, you can take a cheap product like soap and have people pay $20 for a piece of soap you payed $1 to produce. These seems unrealistic until you realize this is exactly how Bath and Body Works makes money. Or take a nickel pop and selling it for 75 cents. Coca-Cola.

    This is fun for a while. But then you raise enough money to buy a newspaper. You can use the newspaper to get advertising at costs. This is cool. But then, you buy the radio and the tv station too. Now, you raise the rates to the maximum. All of a sudden, you have the power to buy media at wholesale (even if your soap company pays the maximum price for the advertisement, the money still goes into your pocket for a net 0 loss). But your competitors, if they choose to advertise, will have to pay exhorbant prices. The net result is your competitors either have to drastically increase their prices or try to win the market on low-quality cheap products.

    This game is an econmic simulator, and although not reality, is a good representation of what is the best strategy in a real capitalistic environment. Monopoly of the media equals a monopoly on everything. Therefore, it is paramount for capitalism that the media remain diversified. It's the FCC's job to provide this diversification.

    --
    This isn't the sig you are looking for... Carry on...
  220. RTFA by Anonymous Coward · · Score: 0

    "One fear is that some predatory monopolist, a Microsoft of the airwaves, would end up owning all of the spectrum. That won't happen. First, the market value of the spectrum would approach $1 trillion, out of the reach of any individual corporation. Second, antitrust laws would remain on the books. The Department of Justice could wield the Sherman Antitrust Act to challenge unlawful conduct and block mergers."

  221. Purpose of FCC by deblau · · Score: 1
    I suppose I shouldn't be suprised that no one has actually posted the FCC's mandate yet. Well, here it is:
    For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the ''Federal Communications Commission'', which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter
    47 USC 151
    In case you missed it
    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  222. The owners would have to pay me by praedor · · Score: 1

    for the right to intrude on MY airspace, my body, etc, with their "property" (some RF band) under such a scheme because I would not tolerate private individuals owning a public property. Thus, if such a violation were allowed then I would have to retaliate in courts by demanding that the owner refrain of a frequency band
    "property" from intruding on my real property (my land, my home, my body).


    Thus, you think you "own" the 2.4Ghz range? Keep your frequency broadcasts off me and my real property. Just as no one owns a stream or river (the river traverses many private holdings and public land), no one can own the air that blows over my property, the rain that falls on my property, nor the RF that rains down on me no matter where I go.


    This is private property worship to the exclusion of all else taken way too far into the extreme. I'd never accept that anyone outright OWNS an RF frequency, nor a particular visable light frequency, nor IR frequency, etc.

    --
    In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  223. The FCC is still useful by AB3A · · Score: 3, Insightful

    Just because the FCC is doing its job poorly does not mean the job shouldn't be done.

    I've seen similar trollish opinion pieces before. In Mr. McCullagh's piece he makes arguments based upon "what would have beens" and blames bad policies on the FCC though they were clearly instructed by Congress how to act.

    As far as broadcasting is concerned, we need standards so that others can manufacture radios. One of the big problems with the Software Defined Radio designs is that the more bands you try to cover, the harder it is to keep the sensitivity and dynamic range performance (never mind the price) reasonable. We need some organization to take care of allocating and standardizing band usage so that we can expect a certain performance from our radios. We also need to protect communications for things such as air traffic control, marine distress frequencies, police, fire, and other such emergency activities. There is also a need to reserve bands for radio astronomy.

    The idea that we can simply let the market run things is utterly unworkable. Who do you call if and when interference happens? At what point is it simply inadvertent radiation and at what point is it truly interference?

    Most courts of law are ill equipped to handle the
    technical details of describing interference intensity and it's effect on signal to noise ratios, coverage areas, and so forth. That's why the FCC regulates things.

    On another note: The FCC didn't write the Electronic Communications Privacy Act (ECPA) of 1996. Congress did. Likewise, the FCC looked to Congress for clarification of how far the jurisdiction of the federally backed Bell System should extend.

    Mr. McCullagh has it wrong. Though there are plenty of things they do poorly, the problem isn't so much with the FCC. The problem is Congress. And because he didn't take the time to look up the facts, Mr. McCullagh's trollish opinion piece does nothing to illuminate the situation.

    --
    Nearly fifty percent of all graduates come from the bottom half of the class!
  224. The government should be in charge by zymano · · Score: 1

    A standard road is necessary. We need to remove the corporate influence on 'our' airwaves. A perfect system is to use all the frequencies in a manner like WiFi. Take all special interest out of it. The Cnet article is 'terrible' in that you don't want to let robber baron corporations take over our airwaves and our freedom of speech. That's right freedom of speech should now be equated to our airwaves. Our airwaves should be much like the internet.

    Your thoughts ?

    1. Re:The government should be in charge by Anonymous Coward · · Score: 0

      "We need to remove the corporate influence on 'our' airwaves."

      Without corporations, there would be no equipment to broadcast anything over 'your' airwaves.

    2. Re:The government should be in charge by Anonymous Coward · · Score: 0

      "Our airwaves should be much like the internet."

      Inundated by worms and Spam?

    3. Re:The government should be in charge by zymano · · Score: 1

      Without corporations we would have lower cost and free speech. Who's stopping them from making equipment ?

    4. Re:The government should be in charge by Melantha_Bacchae · · Score: 2, Interesting

      zymano touched on this a bit, but I think it needs to be stressed: In the USA, the airwaves do not belong to the government or the corporations. The airwaves are public property, just like National Parks. The FCC's job is to administer them to serve public interests. While government is not to be totally trusted, as there is such a thing as corruption, they are the best ones to manage public property. If they screw up, US citizens can bring pressure to bear and make them behave nicely. We have no such control over super-corporations and the "market".

      Regarding the AC's remark about no equipment without corporations: It is obvious that you are a bit too removed from the era of do-it-yourself electronics. Guglielmo Marconi invented radio in his dad's attic after having failed a university entrance exam. His company, the Nobel prize, and the first transatlantic wireless communication came later.

      It's amazing what you can do without a big corporation. Why people have had their very own grocery stores, grown their own food, composed music, invented stuff, etc.: all without a single corporation in sight!

      "Ridiculous, you have no claim. I'll sue you for interfering with private enterprise."
      Kumoyama, Happy Enterprises, "Mothra vs. Godzilla", 1964
      (HE's private enterprise = kidnapping, holding two deities hostage inside their egg, and attempted slave traffic.)

    5. Re:The government should be in charge by zymano · · Score: 1

      good points. i agree.

  225. FCC is NOT a good thing by A55M0NKEY · · Score: 1
    You say that complete lack of regulation would lead to bad things for consumers. TRUE. But it would lead to good things for other consumers. There would be tons of fighting over spectrum, but there would be winners and losers just as there is today. WHy should people who have cell phones be able to -as a group- keep me from having a local area digital gizmo on their band? Let there be no cell phones ( the losers ) and make way for local area digital applications that can always outpower a distant broadcast source ( winners ). If people want to provide a wireless message relay service, let them provide it inside their own building, protected from the outside interference by a faraday cage. People can go into a faraday cage booth ( with a reciever inside ) to use their cell phones to make outbound calls or wait for inbound ones. Better yet, have a telephone IN the booth that takes quarters so that people don't have to carry a phone with them all the time.

    Radio listeners would not lose out on radio. There would always be something on the dial - namely whatever signal was the strongest.

    --

    Eat at Joe's.

  226. RTFA! by Anonymous Coward · · Score: 0

    No, the article doesnt suggest a free for all in airwaves. It states that we dont need the FCC becouse we have other legal institutions to deal with the competing bandwidth issue. For example is someone is broadccasting on you frequency- even if they are Disney- file a lawsuit. Or file a criminal complaint for tresspass! The article does leave open the possibility that there will be a remanant of the FCC whose job will be just determining the availability of different portions of the radio spectrum and arranging the auction thereof..

  227. An Old Answer to a New Problem by rmccoy · · Score: 1

    Selling chunks of spectrum as limited resources to the highest bidder is one of the worst ideas I've heard in a while. This would make an even more hostile environment to software & cognitive radios. Frequency bands are _not_ a limited resource. Just stop using dumb radios!

  228. Hell, no! by whitroth · · Score: 1

    "Can industry regulate itself?"

    Enron, S&L (late 80s), Halliburton, the AMA, the insurance industry....

    Show me *anywhere* that "self-regulation" works. Those regulations were set up, not because legislators sat around thinking of things to do, but because of public outcries over egregious abuses.

    Go start your own unregulated country. My parents and grandparents fought and voted to control business.

    On the other hand, certain regulations of the FCC ought to be written as *law*, not rules that they can change. Number one, of course, would be to bring Equal Time back, with a vengence, including on cable.

    mark "Faux News: fair and balanced, as
    determined by Tom DeLay...."

  229. Wow by Anonym1ty · · Score: 1

    I spent all day reading this discussion, one of the few things that I wonder is why many of techie wifi people on here don't think about getting an Amateur Radio License

    Having an Amateur (Ham) License not only allows you to try some of these wifi experiments using real powere--more than a watt, but it also grounds you with some understanding of RF propagation, RF theory and some understanding of rules and regulations in regards to wireless communications.

    Try going to a local ham club meeting. Talk to some of the people there and you'll find a wealth of information. They aren't all old guys talking to people on morse code. There are some pretty cutting-edge things going on in the ham bands and you may find experiences there help you out in other places.

    An Amateur Radio License also tells others you know what you're talking about. It is a very technical hobby and compliments computers and the internet quite well.

    The FCC does more than hand out frequencies like a domain name registrar hands out web addresses. They do actually enforce the rules and regulations and type-approve equipment. Getting rid of the FCC is foolish without an in-depth plan of how you plan to accomplish many of the tasks they do. Sure the FCC has it's problems, but I'll tell you, from what I have read today; I have a better appreciation for the FCC after reading some of the stupid ideas some people on here have had to replace it.

  230. The FCC should be cleaned up by stock · · Score: 1
    The FCC's last act was indeed a shame, and only in support of large media corporations getting even more larger market coverage.

    However does that mean the FCC should be abolished? No, of course not. Cause in sane and better times, the FCC surely will propose acts which are in support of the U.S. citizin instead of just supporting big media money.

    Robert

  231. Should The FCC Be Abolished? by slapout · · Score: 1

    No...now the US Patent Office that's a different story :-)

    --
    Coder's Stone: The programming language quick ref for iPad
  232. Deeply, dangerously wrong by eyeconomist · · Score: 1

    The FCC is not perfect. But what it did first in breaking up local vs. long distance, then in separating basic from value-added services, effectively turned the US into an Internet incubator. This regulatory feat has not been duplicated in many places, and in fact Internet is stymied -- or else radically different -- in those places. In the absence of REAL competition or regulatory fiat, telcos like to charge monopoly prices, defined as "100% of what you might possibly make by using my infrastructure, less small fraction." McCullagh says, "nevermind, fiber will carry everything soon anyway"...whose fiber?? Does he think that individual homes and enterprises all all have multiple fiber entrance facilities? Any network operators on Slashdot like to colo their network gear in sites with a single provider? Why not??? Who thinks that coax and and WiFi are going to compete on an equal footing with fiber? If the 10th Circuit has its way and the RBOCs are permitted to return to their old ways next week, the fallacy of this argument will become abundantly clear soon enough....too bad for those of us who will have to find out (again) the hard way...

  233. The FCC Should NOT be abolished by Anonymous Coward · · Score: 0

    We've seen what deregulation did to commercial radio. Now magnify that by several fold and you'll see what would happen were we simply to auction spectrum to the highest bidders.

  234. Hell Fucking Yes! by heretog · · Score: 1

    I was just thinking about this earlier tonight.

    And was wondering in fact how it could be done.

    FCC should be deepsixed... forever. All major networks as well. TV, RADIO, etc. Should be for communication between people, not for selling people to advertisers.

    You're not the audience, you're the market the network is selling to their advertisers.

    As far as the more technical side of the FCC is concerned I'm sure something could be worked out quite easily.

    Ugh, this is such a great topic but alas I am recovering from flu and have an awful headache.

  235. FCC shouldn't be abolished but revamped by michty · · Score: 2, Informative

    I think asking "Should the FCC be abolished?" is a bit silly. There are too many functions of the FCC to abolish it. What needs to be done is that the FCC needs to change how it is run. Right now there is no fair appeals process. When the FCC makes a decision or fines a person, corporation or group that it is. If the corporation tries to appeal that process the FCC then denies licenses to them or gives them hassles. This is a known problem, thus most Corporations choose to just suck it up and take the ruling. This is totally unacceptable. The FCC should be run more like a court system. They shouldn't be able to have ultimate control. I can't say I know everything that is right or wrong about the current system but I can say when I heard this is how the system works I felt it didn't seem right. The government has too much control here. They shouldn't have this much control over our media. While I don't love Howard Stern, I will stand up for his right to say the things he says on the radio. It's been there for years and years, it's not changed. Freedom of speech should not be tampered with by the US Goverment. The FCC should not be able to shut this down. Censorship is dangerous and the FCC is leading the war on our free speech.

  236. Of Course Not by Anonymous Coward · · Score: 0

    You are all children, you cannot decide for yourselves. An adult must make the decisions for you.