Mickey,

It’s not that I disagree with your sentiment, but in 1927 Congress provided otherwise and the provision was carried over into the Communications Act of 1934.  It remains the law today and applies to all wireless licenses.  When you applied for your amateur license,  you explicitly agreed with the provision by waiving “any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise.” (Form 605, above your signature.)

Every licensee signs that or a similar statement – including the companies that are paying billions for the spectrum.  The FCC has discretion to provide for reimbursement and/or replacement spectrum, but must be convinced in each re-allocation situation.

73, Dave K3ZJ

David R. Siddall

Managing Partner

DS Law, PLLC

1629 K St. NW, Ste 300

Washington, DC 20006

direct: +1 202 559 4690

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From: arrl-odv <arrl-odv-bounces@reflector.arrl.org> on behalf of Mickey Baker <fishflorida@gmail.com>
Date: Monday, January 17, 2022 at 4:09 PM
To: John Robert Stratton <N5AUS@n5aus.com>
Cc: arrl-odv <arrl-odv@reflector.arrl.org>
Subject: [arrl-odv:33285] Re: Sauron's Army Advances

Just off the wall, but it seems as though this is resembles an eminent domain "taking" and unjust enrichment of a class to the unjust detriment of those affected.

Why can't our attorneys qualify a class for amateur licensees affected - all of us - and get us paid a few bucks for the loss of all this valuable spectrum? If this were land, they could take it, but they'd need to pay the unimproved price to the owners and even leaseholders.

Obviously, I'm not an attorney, but eminent domain compensations have made many wealthy people out of displaced property owners. Is there statute that prohibits this? Why is this $27B not benefiting those who are impacted? Unjust enrichment, I'd say. 

Mickey Baker, N4MB
Palm Beach Gardens, FL
“The servant-leader is servant first… It begins with the natural feeling that one wants to serve, to serve first. Then conscious choice brings one to aspire to lead." Robert K. Greenleaf

On Mon, Jan 17, 2022 at 9:44 AM John Robert Stratton <N5AUS@n5aus.com> wrote:

3.45 GHz Auction

See:


https://telecoms.com/512971/att-spent-big-in-us-3-45-ghz-auction-with-dish-not-far-behind/

_______________________________________

John Robert Stratton

N5AUS

 Director

West Gulf Division

Office:             512-445-6262

Cell:                512-426-2028

P.O. Box 2232

Austin, Texas 78768-2232

_______________________________________

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