Jonathan C. Higbee 1611 East Deauville Avenue Cottonwood, Utah 84121-1899 Amateur Radio Licensee N7HGM email: n7hgm@wa7slg.ampr.org February 5, 1999 Federal Communications Commission 1919 M Street N.W. Washington DC 20554 RE: Comment on the commission’s plan to create a low power radio service. Greetings. Because the FCC has no right to regulate radio transmissions which do not cross state borders, they have no right to stop current so-called “pirate” stations from broadcasting. Fundamentally the electromagnetic spectrum belongs to everyone. No agency has a right to say what we can or cannot do with a medium which is just as much as part of our existence here as is the air we breath. I would like you to keep these key principals in mind as you consider how to go about creating a low power radio service. The less regulation in this area the better. The less licensing requirements in this area the better. The less micromanagment by your agency the better. The more freedom to operate by the low power broadcasters the better. There should in fact be zero regulation in this area because you have no right to regulate in this area in the first place, but if you must act, act in a way that provides the most freedom to the low power broadcaster. Attached to this comment is a letter I have written to the Chairman of the FCC regarding the general issue of low power radio transmissions and the FCC’s past inappropriate actions in this area. Perhaps the additional information I have provided will give you some more context, and prompt you to do the least harm to the INDIVIDUALS who’s inherent right it is to use the spectrum THEY own. Sincerely, Jonathan C. Higbee Attachments: 25 pages of my February 4 letter to the Chair of the FCC regarding low power radio, and an added conclusionary comment by me on page 27.