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First Nations Want Cellphone Revenue

Peacenik45 writes "The CBC is reporting that First Nations in Manitoba want compensation for every cell phone signal that passes through their land because it violates their airspace. The Assembly of Manitoba Chiefs recently resolved to negotiate revenue sharing with Manitoba Telecom Services. Ovide Mercredi of the Grand Rapids First Nations says "When it comes to using airspace, it's like using our water and simply because there's no precedent doesn't mean that it's not the right thing to do." This move may inspire First Nations in other provinces to follow suit."

14 of 513 comments (clear)

  1. Let's hope they win! by mlawrence · · Score: 5, Funny

    I want a precedent set. Then I will also sue for any cell phone waves passing over my private property. They are not the only ones with the "get everything and do nothing" attitude.

    1. Re:Let's hope they win! by StikyPad · · Score: 5, Insightful

      Well, let's see..

      a) It's a local tax, not a "US law," and some localities may not have property tax. States specify maximum taxes, but not minimum.

      b) You might as well ask "what's the difference between my power bill and my gas bill?" The answer is what you get for your money. You aren't paying the government to use your own property; you're paying them for the services within their jurisdiction -- usually schools, water, roads, police, streetlights, etc.

      c) It's a TAX. Likewise, try not paying your income tax and see what happens. That doesn't mean you don't have a right to earn a living, but you *also* have an obligation to help maintain our society.

      d) "What happens" is usually that a lein is placed against your property, and that lein must be paid if/when the property is sold or transferred. In some localities, the worst thing that happens is that your name is printed in the local paper. In others, sale is forced, in which case you still get all the money after the government takes its cut.

      So how is that like rent again, where you have nothing to show for your money, cannot transfer posession of the asset, and are liable for damages?

      People who say you don't "own" the property are using very narrow definitions of the word "own." It could be argued that you don't own anything, since there are no guarantees that someone else won't take it away, and you forfeit all of it when you die. Such definitions are both impractical and misleading.

  2. Little known fact by Viceroy+Potatohead · · Score: 5, Funny

    Before Europeans came to North America, the native people would use every part of a broadcast signal, instead of wasting it like we do nowadays. Apparently they did the same thing with bison.

    Now you know!

  3. Re:What resource is being consumed? by Sigma+7 · · Score: 5, Funny

    So, pray, tell us, what resource belonging to First Nations is being consumed, Not "consumed" per se, but cell phones generate electro-magnetic radiation - which kill off bees that are necessary for their survival. There's some pseudo-scientific reports that simply state the opposite and should be avoided as much as possible.

  4. Re:Desperation by Anonymous Coward · · Score: 5, Funny

    More likely a very large tinfoil hat.

    A tinfoil teepee?

  5. Commoditizing Air by unlametheweak · · Score: 5, Insightful

    On first glance it sounds ridiculous; however there is some precedence in the monetization of air:

    -The state of New York has filed suit against Ohio for dumping pollution on them through the airwaves http://www.oag.state.ny.us/press/2005/mar/mar18a_0 5.html.

    -A portion of the electro-magnetic spectrum is going to be auctioned off in the U.S.
    "the spectrum is a national resource that should be managed".
    PDF: www.pff.org/issues-pubs/books/060309dacaspectrum1. 0.pdf
    google cache: http://64.233.167.104/search?q=cache:fH_s8JehCyEJ: www.pff.org/issues-pubs/books/060309dacaspectrum1. 0.pdf+lectro-magnetic+spectrum+auctioned&hl=en&ct= clnk&cd=1

    If governments can make money off the spectrum then why not so-called "First Nation" governments? It really boils down to how much legal and economic authority Indians should have. And it deals with the ambiguity of a people who both want to claim their individuality and distinction from the rest of society, and still be apart of that society, especially when it comes to exploiting natural resources. It's pretty much politics as usual. Seems like the typical having-your-cake-and-eating-it-to mentality.

  6. Re:Stop the insanity. by Citizen+of+Earth · · Score: 5, Insightful

    Spike: I just can't take all this mamby pamby boo-hooing about the bloody Indians.

    Willow: The preferred term is...

    Spike: You won. All right? You came in and you killed them and you took their land. That's what conquering nations do. It's what Caesar did, and he's not going around saying, "I came, I conquered, I felt really bad about it." The history of the world isn't people making friends. You had better weapons, and you massacred them. End of story.

  7. Re:No genocide by Shaman · · Score: 5, Insightful

    It doesn't matter. It wasn't our generation, or our great great great great great grandparent's generation. But we're now paying for it like it was. And it's about time it stopped, because it is doing nobody any favours, least of all the native americans.

    --
    ...Steve
  8. Re:Stop the insanity. by MagikSlinger · · Score: 5, Informative

    Indian nations are a farcical anachronism who have greatly outlived their usefulness. The US and CA govs should just stop recognizing them. It's time to move out of the stone age people.

    We (or our parents) had a choice of coming to North America. The Indian nations were here, recognized by the crown (Queen Vicky, lor bless her!) as sovereign nations within the British Empire and their land claims recognized. Then some trumped up judge in London decided to write law from the bench (a.k.a. "activist judge") that said that aboriginals had no claim to their land. In direct violation of treaties and the ruling of the privy council. The government of the day said "What harm could come?" Well, as New Zealand and Canada learned, acting on an invalid judgement is a legal time bomb and as a result, modern Supreme Courts in NZ and Canada have said "That ruling should have never happened -- the land claims and treaties are in tact".

    This case isn't about what you think it. A bunch of commissions over the years pointed out the bloody obvious: life on the reserves suck because they were systematically neglected and restricted by the Indian Act on how they could earn a living and still be allowed to live on their land (Part of the goal was to erase the identities and land claims of the original Indian nations and "Westernize" them). So a couple years ago, the Feds and provincial ministers got together with the native bands to figure out how to change things so the native Indians can become self-sufficient and agreed to the Kelowna agreement.

    An agreement the current Conservative government unilaterally decided to break. This little stunt is probably going to be the first of many public actions. As some have said, it's going to be a long, hot summer in Canada this year...

    (Note, I am not a Native Indian, but a real honest-to-goodness Indian (half actually), but I grew up with native Indians and have great sympathy for them. I also live in Canada and pay taxes so I'm not some unemployed, liberal hippie who won't have to pay for the settlements.

    --
    The bitter lessons of a veteran coder: http://bitterprogrammer.blogspot.com
  9. devil's advocate says: spectrum by SuperBanana · · Score: 5, Informative

    So, pray, tell us, what resource belonging to First Nations is being consumed, so that you have less of it the signal has passed through?

    To play devil's advocate since half of the posters are bashing Indian people and the other half are foaming at the mouth about how stupid a concept this is...

    ...spectrum. When one person is using a certain chunk, another can't until their systems are sufficiently isolated enough. Given that the Canadian and US government sold (and continue to sell) this spectrum off for huge, huge chunks of money AND as a result regulate who can use what parts...why shouldn't they be allowed to do the same, if they are a sovereign nation? (if they're not, then that's a different matter.)

    There are libertarian-esque viewpoints along the lines of, "oh, we shouldn't control the radio spectrum!" Well, then you end up with your neighbor's radio tower cutting off your portable phone or making your garage door open randomly, and your wireless network causes his car's remote lock fob to not work, and the local fire department's radios are suddenly useless because Bob's Plumbing Supply implemented a digital paging system for their truck fleet.

    The world has already settled on cell phone frequencies, but the moral high ground goes to the tribes if Canada didn't consult with them when it signed on to the whole "sure, we'll make cell frequencies in Canada X, Y, and Z", if geography is such that signals from towers in Canada would penetrate to any degree into these territories.

    Note, I said the moral high ground- not the practical high ground. The practical high ground goes of course to the cell phone industry and Canada...

    1. Re:devil's advocate says: spectrum by TapeCutter · · Score: 5, Funny

      "...if they are a sovereign nation?"

      Let's see if the current POTUS can shed any light on that question...

      "Tribal sovereignty means that; it's sovereign. I mean, you're a -- you've been given sovereignty, and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities." -- GWB

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  10. Ovide Mercredi by debest · · Score: 5, Funny

    Funny story about Ovide Mercredi. I had the opportunity to meet him in 1992 (I think) when the Assembly of First Nations had their annual conference on Manitoulin Island, in Northern Ontario. At this time, he was the Grand Chief of the Assembly, and recogizable across the country. I grew up on Manitoulin and was working as a waiter/bartender at the hotel/restaurant where he and his entourage were staying during the conference, in a little town called Gore Bay.

    We open up the dining room for dinner early for him and his group (about 10 people), as they had to get to a meeting. I get chosen to serve their table. Hey, it's as close to "celebrity" as I've ever seen in this place, so I consider it somewhat of an honour.

    So I introduce myself to the table and run through the spiel. I hand everyone the menus, and then explain the day's "special" (not on the menu). I then explain that all entres come with your choice of pototoes. Now, the kitchen prepared different styles of potatoes: sometimes they were scalloped, or oven roasted, but most often the choices were mashed pototoes or a baked potato. I've been working at this place for a couple of summers now, so the words just flow off my tongue automatically. Plus, I'm a bit nervous, so I'm talking a bit faster than normal. On this afternoon, I say the same thing I've said hundreds of times: "All dinners come with your choice of pototoes: mashed or baked."

    Mercredi is in the middle of sipping a glass of water. As I say this, he nearly sprays the water across the table, looks up at me, and blurts out, "What kind of potatoes!?"

    Instantly, I (and the rest of the table) realize how the phrase "mashed or baked" can sound if you are being a little rushed!

    Naturally, the table explodes with laughter, and I just about kill myself laughing too. They enjoyed the meal, but of course had to make a comment on how "creamy" the mashed potatoes were, and wanted to make sure that they weren't the "mashedorbaked" style of potatoes. :-)

    I wonder if he still remembers that afternoon?

    --
    Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  11. The ultimate time share by Harmonious+Botch · · Score: 5, Funny

    "The group apparently told MPs that their air space extended even further - to the outer limits of the universe." So their property rights sweep across the universe as the earth rotates...which means for about 10 minutes a day each they own Antares and Rigel. Are they Sirius?
  12. Re:Will this ever end? by Viceroy+Potatohead · · Score: 5, Insightful

    What a bunch of horsesh*t.

    While I agree the current system doesn't work (in fact, it's absolute garbage which likely exacerbates the problem), pretty much everything else you've said is crap, IMO. I've been to quite a few reserves in Manitoba, and I don't see very many silver spoons in people's mouths. There are plenty of reserves that are absolute holes, where residents don't even own the crappy thirty year old run-down trailers they live in (not allowed to own them on some reserves, from my understanding). No sewage, no garbage pick up, no pavement, mud, no jobs, a laissez faire attitude by the RCMP toward crime (hence lots of juvenile vandalism, arson etc.). What's the option? Move to the city and get a job? Kind of tough when the immediate assumption by too many people, yourself included (I'd guess), is "lazy Indian expecting free hand outs.".

    AFAICT, it isn't "current land claims they are proposing", but existing agreements they want honoured. Personally, I want my government to keep its word, even if it costs me. Some of these treaties are fairly recent (government agreements with natives during the world wars to get them to fight etc).

    And since when did non-violent civil disobedience become "terrorist antics". You might as well paint Rosa Parks with the same brush.

    If 45% of your taxes are largely going to the Indians, you need a new accountant (either that, or I need yours).

    being single, white, male and in my thirties, I can speak out, but I have no recourse, I want my government to honour its agreements. Who knows, it might help.