RE: Closed Repeaters - "property rights"

Hello Charles,

On this matter you are way off base !

The fundamentals behind a closed repeater system have nothing to do with the FCC or public frequencies, it has everything to do with property rights and the law.

The basis for the "closed repeater" is a question of property rights of the owner and his right to say who has permission to use his property. The mere fact that the property uses public frequencies is incidental. It is not the frequencies that are being denied use of.

To give a good comparative example: The automobile that you purchase is private property, yet it uses public property (roadways) during its normal use. You, as the "owner" of the private property, have the right to say who can use your automobile. You have certain legal responsibilities while someone else is using your private property, even if you are not present !! The same holds true for radio operations, no matter if it is a repeater, your station at home, or your mobile/portable equipmennt. If someone else uses your radio equipment improperly, you can and may be held liable, just like the automobile.

This is the "objective legal standard" upon which the FCC had to base their findings.

The fact that the radio system is private does not interfere with you using the same frequencies. As a matter of practicality, however, and the laws of physics, no two objects can occupy the same space at the same time, this also holds true for radio signals, as well as, automobiles. The operational nature of the radio repeater system "DOES" functionally preclude other uses of a particular frequency pair within a given "service area." BUT, it does not preclude other systems from being on the same frequency pair for another "service area." Nor is it precluding you from using other frequencies on the operational band.

The real issue here is in the form of a question : What is it about the "private" repeater that bothers you ??? If all of the frequency pairs were use up by private repeaters in your area and you were unable to reach an open repeater, then you would have the basis for a legitimate complaint. However, if there are several open repeaters within your reach, then there is no basis for a legal complaint, but one, merely, of a philosophical nature. This also does not address the fact that there are the simplex frequencies.

To put it another way, there are many examples of where a private concern (companies or otherwise) has control and use of public property that precludes your being able to either use it or where you have to pay to gain access. An example is where a private company operates a "pay for use" parking lot (we have these in California) on public property. The public entity is, of course, the government (city, county, federal, etc.). Another example is a municipal government putting parking meters at the curb on your public street. Both examples preclude you from using the space unless you pay.

A more germane example would be would be the comuter lanes that are used in California. Here an entire lane on a freeway is marked off limits unless there are two or more people in the automobile. The number of cars that use this lane is very small compared to all of the cars on the freeway in a given area. While it helps those few that have more than one person in the car, it causes less lanes to be available for the general public and actually creates more congestion on the freeway.

I hope this helps give you a different point of view.

73's....Bill......WB6BNQ