RE: Popsy that's waht the FCC'S ruling overturns

Posted by Brian Levy (A) on March 22, 2012 at 13:51:14

In Reply to: RE: Popsy that's waht the FCC'S ruling overturns posted by cdb on March 20, 2012 at 09:00:50:

The FCC probably does not have the authority to uverturn retained property rights of an owner. Can not remember the Bill of Rights article but, there is a prohibition against the Feds interfering with a contract. Congress would need to enact a law and overcome the prohibition in the Constitution. The bar would be quite hard as property rights related to real property is almost holy.

Governments have overcome certain bundles or rights such as setbacks, fence heights, zoning and so on but they established the governments need for them and that there were no alternatives with a lesser impact on the owner.

If I were the owner, I'd not sweat the FCC in this position. Like a police officer telling you that you are breaking a law that does not exist.
Don Brian Levy, J.D.
Toronto ON Canada

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Follow Ups Full Thread

Topic - clearwave fm antenna(Mapleshade) - Mr_bill2 10:52:24 03/12/12 (19)

RE: clearwave fm antenna(Mapleshade) - Mr_bill2 17:22:31 03/29/12 (0)

RE: clearwave fm antenna(Mapleshade) - openmind 11:49:01 03/29/12 (0)

RE: clearwave fm antenna(Mapleshade) - Mortsnets 21:04:12 03/14/12 (1)

RE: clearwave fm antenna(Mapleshade) - Mr_bill2 08:00:01 03/15/12 (0)

The BEST indoor antenna? - Timbo in Oz 19:30:40 03/14/12 (0)

RE: clearwave fm antenna(Mapleshade) - Neff 03:48:21 03/14/12 (9)

"Some persons cannot install an outdoor antenna due to tennant restrictions in a city. " - Timbo in Oz 05:38:04 03/14/12 (8)

RE: 'FCC says'........ - Neff 17:46:03 03/15/12 (7)

Or the covenants! - popsy 21:21:00 03/15/12 (6)

Popsy that's waht the FCC'S ruling overturns - Timbo in Oz 20:02:21 03/16/12 (5)

RE: Popsy that's waht the FCC'S ruling overturns - cdb 09:00:50 03/20/12 (1)

RE: Popsy that's waht the FCC'S ruling overturns - Brian Levy 13:51:14 03/22/12 (0)

You cannot bypass a Covenant... - Cleantimestream 12:20:11 03/18/12 (1)

RE: You cannot bypass a Covenant... - Neff 14:56:46 03/18/12 (0)

RE: Popsy that's waht the FCC'S ruling overturns - popsy 20:40:17 03/16/12 (0)

There? Where? - Timbo in Oz 03:12:20 03/14/12 (1)

RE: Outdoor antennas - Neff 10:11:59 03/17/12 (0)

RE: clearwave fm antenna(Mapleshade) - Mortsnets 21:08:59 03/13/12 (1)

RE: clearwave fm antenna(Mapleshade) - Mr_bill2 11:34:32 03/14/12 (0)

Follow Ups

RE: Popsy that's waht the FCC'S ruling overturns - Brian Levy 13:51:14 03/22/12 (0)

RE: Popsy that's waht the FCC'S ruling overturns

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