It would be a very interesting court case in this state (Illinois). Illinois is where "Air rights" were established 100 years ago -- above railroad right-of-way (that railroad could and did sell).
It was the communication attorneys (and FCC) that used that landmark ruling -- to permit and enforce the encryption of TVRO satellite broadcasts in early 1980s -- after the late 1970s boom in C band dishes (big 10' dishes). The FCC has "set themselves up" due to their deregulation boom of 1980s (breakup of AT&T 1984; bow to NAB pressure and creation of GROL/reduce engineering requirements for commercial broadcast stations; passing Citizens Band enforcement service to local law enforcement). ADD to this the Patriot Act, Homeland Security and other laws quickly passed during post-9/11 reaction -- and it would be a lively debate and court case. Current anti-federal government pushes by Tea Party and conservative groups refocus on 10th amendment -- almost guarantee a mixed decision (conflicts in existing laws -- which takes precedent and in what circumstances). Yes, FCC has authority -- BUT if it is a matter of public safety -- is that the exception? While the First Amendment upholds Freedom of Speech -- it does not uphold a person that yells "Fire" in a crowded theatre -- causing a panic and injury -- when there was no fire! w9gb
