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Air Commerce Act of May 20, 1926


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May 20, 1926 in History: Thomas Edison says Americans prefer silent movies over talkies [+]; Congress passes Air Commerce Act, licensing of pilots and planes [+].

Revolutionary Ideas for Radio Regulation

To get radical changes in radio spectrum policy, a new world-wide conversation is needed around three questions. First, what is a good separation and balance of powers in radio regulation? Second, how should radio regulation be geographically configured? Third, how should radio regulation understand and respect personal freedom? Most persons understand revolutionary ideas that answer these three questions. The challenge is to recognize this common knowledge and apply it to radio regulation.

Revolutionary Ideas for Radio Regulation (Appendix B)

From about 1937 to 1994, the Commerce Clause of the U.S. Constitution was thought not to impose any effective limits on federal power.[1] During that period the Supreme Court turned aside every challenge it heard to federal authority under the Commerce Clause.[2] When the Constitution was written, you could not fly across the country in a matter of hours, you could not talk with a person thousands of miles away, nor could everyone all across the U.S. watch an event occurring in Washington, or on the moon. Our economy seems much more unified now. Federalism itself smells of slavery, succession, and dead bodies. Discussing federalism as a matter of constitutional law seems like an anachronism, a pointless and dangerous diversion, or a betrayal of our national unity.[3] Surely progress means defending the New Deal and upholding the supremacy of our national legislative process in areas classified as economic or social. Why should courts care about federalism? Why should courts care about the Commerce Clause, a most implausible aspect of federalism?

Federal radio regulation shows effects of not judiciously articulating federal power under the Commerce Clause. In the 1920s, most persons considered radio to be AM radio broadcasting. Many other uses of radio were known at the time, but they were much less popular. Fruitful development of radio broadcasting was widely thought to require a scheme of federal regulation. With remarkably little attention to statutory construction and judicial process, the courts allowed that consensus to become the basis for federal law covering all radio use. This federal-state balance has endured, despite relevant technological, social, political, and economic changes, through to the present. Thus an expedient and widely acclaimed solution to the regulatory crisis of the day has led to federal law covering all radio use.

This unprecedented legal development offers the opportunity to better understand the meaning of the Commerce Clause. The natural sense of the word “commerce” was much different in the eighteenth century than it is today. Commerce then meant intercourse, ongoing, deeply enmeshing relationships among persons. While much has changed since the eighteenth century, general patterns of human behavior indicate that most persons still seek to realize themselves more fully through relationships with others. Such relationships are not necessarily alternatives to the relationships that define the national polity.[4] Human relationships concern, for the most part, mundane human activities. The Commerce Clause, understood in its eighteenth century meaning, provides constitutional protection against legal developments that might too easily suppress broad categories of relationships.[5] The Commerce Clause should have provided constitutional protection against federal suppression of radio use supporting distinctive local relationships but no substantial interstate relation. Understanding the Commerce Clause in this way leads to a better interpretation of important Commerce Clause cases. Understanding the Commerce Clause in this way also helps to articulate a better federal-state balance in radio regulation.

Fred Dow Fagg, Jr. (1896-1981) Papers, 1937-1957

Fred Dow Fagg, Jr., was born on July 30, 1896, in Brooklyn, New York, son of Fred and Ida Alzina (Chase) Fagg. After attending the San Diego Army and Navy Academy in Pacific Beach, California, Fagg entered the University of Redlands, Redlands, California. Caught up in the enthusiasm for the United States getting into World War I he left during has sophomore year to enlist in the U. S. Army Signal Corps. He completed his ground school training at Berkeley, California in December, 1917, and then was assigned to Rockwell Field in San Diego for flight training. His instructor at Rockwell also trained Jimmy Doolittle. Fagg received his advanced flight training at Ellington Field, near Houston, Texas. After being commissioned a second lieutenant he was assigned to the 92nd Aero Squadron, U.S.A.E.F., and in September, 1918, flew night patrols across the English Channel looking for German zeppelins.
. . .
Fagg became involved in many governmental and other extra-university activities during has stay at Northwestern. From 1931 to 1937 he was a member of the Illinois Aeronautics Commission and helped to write aeronautics legislation for the state. This legislation was later used as the model for the uniform state aeronautical regulatory act. From 1932 to 1937 Fagg was Secretary of the National Association of State Aviation Officials, and in that capacity in 1934 urged the government to subsidize experimental work on aircraft. In 1946-47 Fagg had been Director of Northwestern's Institute of Aeronautics. In 1947-48 he was a member of the Board of Directors and Executive Committee of the National Aeronautic Association.

Fagg also promoted the growth and advancement of aviation from the editorial chair. In 1930 he founded the Journal of Air Law and served as its editor-in-chief until 1937. Also in 1930 Fagg became managing editor of the Journal of Radio Law, a position he held until 1931. Governmental activity drew heavily on Fagg's time and efforts, and he made substantial contributions in several areas. In 1934-35 he was a legal adviser to the Federal Aviation Commission, and in 1935-36 he served as legal adviser to the U.S. Senate subcommittee on aircraft investigation. His most important work with the government began in 1937 when he was appointed Director of the Bureau of Air Commerce within the Department of Commerce, succeeding Eugene Vidal who had left after a series of airplane crashes had aroused both popular and governmental cries for action. In fact, the Bureau was being investigated by a U.S. Senate committee when he took charge. During the next seven months Fagg completely remade the Bureau, set it in proper working order, and restored confidence in both the Bureau and its programs. Among these was a safety and planning section devoted to the discovery and study of improved safety devices for pilots. In 1938 Fagg helped to write the Air Commerce Act which later formed the basis for many commercial and private regulations. On the local level Fagg was a member and then chairman of the Chicago Association of Commerce's Aviation Committee which played a major role in the early planning for what was later named the O’Hare Airport.

Heroism & Horror

Emergency response is a product of preparedness. On the morning of September 11, 2001, the last best hope for the community of people working in or visiting the World Trade Center rested not with national policymakers but with private firms and local public servants, especially the first responders: fire, police, emergency medical service, and building safety professionals.

9/11 communication failures still baffle FAA, Defense officials

Officials from the Federal Aviation Administration and Defense Department last week told the federal commission investigating the Sept. 11 terrorist plot that they are still trying to understand how communications broke down between them on the day of the attacks. An interim report from the commission's staff revealed a communication failure between FAA headquarters and the Pentagon's National Military Command Center as the attacks unfolded. Poor communication meant the military mistakenly thought American Airlines Flight 11, which crashed into the north tower of the World Trade Center, was headed to Washington, and NMCC was not notified that United Airlines Flight 93, which crashed in Pennsylvania, was hijacked until almost 40 minutes after the FAA confirmed the hijacking, according to a new timeline of the attacks compiled by commission staff.

note: chart discovered working on Daily Kos chart for 26-May-2002 @ 20:57 UT, Berkeley, California. (somehow managed to enter 20-May-1926 at astro.com, got excited about that pentagram & later figured out i got the wrong date. air commerce, radio frequencies & whatnot spot on for 911 & QB1).

for this chart, Virgo Rising 13°31'; SUN {29TA04} incarnates ISIS {28TA53} & ELISECOLOMBINI {29TA25}; significantly, POF {25SG50} conj QB1 {29SG50Rx} near Galactic Center; VERTEX {15AQ12} conj LAOTSE {15AQ34} at Aquarian 15° Gateway, PLUTO {13CN09} conj FORTUNA {13CN41} & TRUE NODE {17CN38}; NEPTUNE {22LE04} conj ALICE {22LE53}; MERCURY {12TA43} conj HUMPTYDUMPTY {12TA20}.

Daily Kos chart: SUN {05GE23} incarnates WASHINGTONIA {04GE45} & MERCURY {06GE06Rx} opposite MOON {09SG50}; PLUTO {16SG35Rx} conj WHITEHOUSE {16SG05Rx} opposite SATURN {16GE41}-TRUE NODE {17GE49}; POF {11PI03} conj JPL {09PI11} & ATLANTIS {13PI12}; CHIRON {08CP05Rx} conj AMERICA {12CP19Rx} & AMERICA conj HOPI {16CP28Rx}. JUPITER {15CN33} exalted in Cancer, opposite HOPI & quincunx (neutral) PLUTO. MERCURY exalted in Gemini at Midheaven; PLUTO-WHITEHOUSE & MOON bracket USA's ASC (representing the seed-pattern of destiny) @ Sagittarius 13°10. Virgo Rising 6°36' conj POCAHONTAS {00VI50} & HUMPTYDUMPTY {02VI56}.

Commerce chart's VENUS {15AR29} detriment in Aries, conjunct Daily Kos QB1 {14AR46} — QB1 discovered at Aries 0°.

Air Commerce Act :: First Quarter Moon occurred 19-May-1926 @ 17:48 UT, Moon 55% illuminated. MOON {11VI23} 102º19'50" from SUN {29TA4} @ EON-11 Intercession, Mysterious Agencies, Creative Will, Internalizing. SUN ABOVE—MOON ABOVE HORIZON: Primarily outward focus on the objective world of social-collective existence; extroversion; Examples: Washington, Gandhi, Mussolini, Karl Marx, Czar Nicholas II, Richard Wagner, Fatima. FIRST QUARTER TYPE (Soli-Lunar Arc: 90° - 135°): Born from seven to ten and one-half days after a New Moon. Your typical personal characteristics are: strong will and organizing ability, the instinctive rebellion of the man of action against a binding or inadequate social-ideological tradition, ability to make decisions — at times, ruthless ones; self-exaltation in the thrill of activity and overcoming difficulties, negatively, a sense of defeat. Examples of this type: Joseph Stalin, Oliver Cromwell, Walt Whitman, Baudelaire. POF {25SG50} below horizon near Imum Coeli conj Galactic Core; sextile JUPITER {26AQ04} (harmonious); square URANUS {28PI38} (conflict); trine NEPTUNE {22LE04} & CHIRON {29AR46} (harmonious).

Daily Kos :: Full Moon occurred 26-May-2002 @ 11:51 UT, Moon 100% illuminated. MOON {9SG49} 184º26'50" from SUN {5GE22} @ EON-19 Repolarization, Universal Sphere, Line of Awareness, Tensile Power. SUN ABOVE—MOON BELOW HORIZON: Primarily inward focus revealing an individual form to a racial-social purpose or a collective ideal; Examples: Napoleon I, Nietzsche, Walt Whitman, Einstein, Henry Ford, Hitler, Johnny Carson. FULL MOON TYPE (Soli-Lunar Arc: 180° - 225°): Born from fifteen to eighteen and one-half days after a New Moon (i. e., less than three and one-half days after Full Moon). Your typical personal characteristics are: mental objectivity, the ability to make ideals concrete, to receive illumination or "visions" and to give them symbolic expression, to fulfill the past; negatively, a sense of being divorced from reality and divided against oneself. Examples of the type: Goethe, Rudolph Steiner, Krishnamurti, Mary Baker Eddy, Evangeline Adams. POF {11PI03} above horizon near Descendant; square MOON {09SG50} & MERCURY {06GE06Rx} (conflict); trine VENUS {07CN30} & JUPITER {15CN33} (harmonious); semisextile NEPTUNE {10AQ56Rx} (neutral ); sextile CHIRON {08CP05Rx} (harmonious).

Tags: pof, qb1, radix
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