First, I want to say that I appreciate your thoughtful and candid input. I'd like to explore this idea of theft, which of course, I stand againt. You stated:
Again, you start a station up and play music X on your station. Things are working rather well for you and I notice that you are starting to cut into my profits as you leech off my customers. In a normal market that needs no regulation I would be forced to compete and better my product of offering. HOWEVER, if the bandwidth were truly without regulation or oversight it would be far easier for me simply to BLOCK your transmissions and eliminate my competition entirely. I could even rebroadcast a similar product over yours to capture those that liked yours better. What could you do then?
It seems to me that "blocking" someone's transmission is not the same thing as investing in more powerful broadcast. If we're talking about some sort of technology that actually blocks a broadcast, then I would agree we're talking about theft (or at least unlawful interference), which could be settled through the civil and criminal courts. No FCC required.
First, I also dont think the FCC in its current form is a good idea. As I stated before they should be an enforcement agency just like the police to enforce laws that congress passed coving the regulation of the airwaves. That would also be a case where the courts would settle the breaking of the law. HOWEVER, my contention (and one that I think you disagree so far on) is that the actual purpose of the FCC is actually something the government should be involved in: the regulation of the use of the airwaves.
With that said, you focused on the difference of blocking and a more powerful broadcast. I think that is a fundamental flaw in what you are stating because they are the same thing. The airwaves are limited in that I can take up the space that you are trying to use and that leaves you with nothing not a smaller audience or a more limited transmission area but literally leaves you with nothing. At best the airwaves turn to complete static and at worst my broadcast is heard while yours is completely gone.
IOW, they are the same thing. That is why congress has purview to pass laws on the use of that airspace it is limited and can be taken by anyone to the exclusion of being available to others.
If we're talking about a competitor building a more powerful broadcast signal, that is something that customers can decide to embrace or not. Of course, I'm free to build an even MORE powerful signal and take back the space I lost to a competitor. Whether I am able to do that or not depends on the market's demand for my signal and my business acumen to raise the capital necessary to invest in a more powerful signal. No different than any other business in any other market.
As stated above I believe that this is incorrect.
Or, I could seek out alternative technology as a means of conveying my product. Something I believe would evolve at more rapid pace in the absence of central control.
You will get no argument from me there. The fact that other techs would likely develop faster though is not a good argument to allow for the theft of your ability to broadcast (as I think that you would agree).
Back to my analogy, it is the same if you opened a store and the Wal-Mart next door broke in and replaced the cashier who gave the profits to your larger competition. That is stealing and trespassing illegal by law to protect what is yours and you created. .
Clearly, that would be theft. However, I'm not sure I agree that competition for broadcast signal strength is an apt analogy.
As said above I think that this is based on the fact that you believe that I can still broadcast when I dont believe this to be the case.
Granted, it is slightly different than theft because what is being denied to you is less of something that you own and more of completely denying you the use of a medium. I think the analogy is a pretty good one though.
That same exact protections should extend into things such as bandwidth use. THAT is what I am defending. That is exactly what you are arguing against when you state that there should be no intervention at all
Again, if actual theft has taken place, I agree there should be intervention via the courts. However, I'm not yet convinced that bandwidth use, outside of some actual "blocking" constitutes theft. It seems to me more akin this analogy:
You run a store that sells fruit and rent a space on a month-to-month basis to do so. A larger competitor comes in and pays more than you're willing to pay to rent that space. He kicks you out of the space, and builds a bigger operation that also sells fruit. Surely that is not theft...and it seems to me to be no different than you running a radio broadcast and having a competitor effectively oust you from your space by building a bigger broadcast.
Looking forward to your thoughts. An interesting concept to explore when debated civilly.
No, that is not theft but I think it misses the reality in one key function and that is availability.
In your example the space that you were using was a voluntary use of someone elses property. It also represents a single medium in which you can sell your apples. If you do not want to pay for the use of that store you can pay for another, get a website, use mail orders, sell on the street corner, put them in a larger retailers shelves or a million other things. You are not limited in your access to your customers AND (this is key) each of those interactions is completely voluntary.
Back in the radio world, bandwidth is LIMITED in the fact that there are only so many different bands that can be broadcast and used. Your competition can block them ALL and do so quite easily I might add. This leaves you with no alternative and no way to circumvent the problem. Further, if someone crosses into your transmission the process is[/b] NOT VOLUNTARY[/b]. The signal is forced. No one actually owns that airwave such is rather impossible without the government delineating it out and without organized throughput such crossed signals are a commonality rather than an exception.
Lastly, one of the key points before seems to have dropped off the idea that such a transmission can cause a safety threat by interfering with aircraft transmission or other such transmissions. Some of the bandwidth needs to be cut out for that use if we are to have reliable communications in the air. This is the reason that the regulation covering cell phone use on aircraft was a clear and asinine overstep in powers there was regulation already established made it impossible for such devices to interfere with the aircraft. That is also why I think that such powers need to go back to congress where they belong.