From: Steve Schear <schear@lvdi.net>
Date: Fri, 14 Nov 1997 13:51:40 +0800
To: "Ross Wright" <cypherpunks@cyberpass.net
Subject: Re: (Fwd) Victory For Microbroadcasting!!!!
In-Reply-To: <199711131942.LAA29385@adnetsol.adnetsol.com>
Message-ID: <v03102809b091947a167f@[208.129.55.202]>
MIME-Version: 1.0
Content-Type: text/plain



Kuddos!

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

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

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


--Steve