Monday, October 12, 2009

Texas Proposition 11 On The November Ballot

Your “yes” vote for proposition 11 in November will help protect private land owners from the government’s use of eminent domain.

Texas Proposition 11, also known as House Joint Resolution 14-1, will appear on the November 3, 2009 ballot in Texas as a legislatively-referred constitutional amendment.

If passed after the November election, the measure will strengthen Senate Bill 7, which prohibits the government from acquiring land for non-public use. The bill will also require the government to first determine if each property in a neighborhood is blighted before deciding if the neighborhood itself is blighted. According to Sen. Robert Duncan, who is sponsoring the amendment: “Texas voters are the most appropriate authority on the government's use of eminent domain. This proposition gives them the final word on that authority.”

The Texas House of Representatives approved the proposed amendment on May 11, 2009 with a vote of 144-0, followed by the State Senate on May 25, 2009 with a vote of 30-1.Texas Governor Rick Perry signed the legislation on June 15, 2009, therefore allowing voters to decide on the constitutional amendment in the fall.

Impact
If enacted, the measure would:

Amend the state constitution to limit the taking of private property by eminent domain.
Specifically prohibit the taking of private property to give to another private entity for the purpose of economic development or enhanced tax revenue.
Limit the use and ownership of property taken by eminent domain to either the state or the public at large
Require new entities seeking the power of eminent domain to be approved by a two-thirds vote of the Legislature
Require condemnation for urban blight to address each particular property
Ballot language
"The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity."

Support
The Texas Farm Bureau have voiced their support of the measure, making a statement on October 2, 2009 on their website, encouraging members of the bureau to go vote, saying a big turnout would lead to a successfull passage of the measure. Kenneth Dierschke, president of the organization, wrote the column on the Texas Farm Bureau’s website and stated that the amendment would also protect property owners in a state that “takes pride in property ownership.” Also among the reasons to vote “yes” on the measure is that passage would pave a way for further eminent domain reform in the future, such as compensation to owners who have lost their property access rights. Dierschke stated:

"Eminent domain is not something people think about until their land, home or business property is taken. That power is being misused and abused in Texas. Proposition 11 does not fix all of the problems, but is a good first step toward eminent domain reform."

Friday, October 9, 2009

Speak No Evil

Energy and Commerce Subcommittee Markup

Publications

Wednesday, 07 October 2009 14:42

The Subcommittee on Communications, Technology, and the Internet will meet in open markup session on Thursday, October 8, 2009, to consider H.R. 1147, the Local Community Radio Act of 2009; H.R. 1084, the Commercial Advertisement Loudness Mitigation Act (CALM Act); H.R. 1258, the Truth in Caller ID Act of 2009; and H.R. 3633, a bill to allow the funding for the interoperable emergency communications grant program to remain available through FY 2012.

WHEN: Thursday, October 8 at 10 a.m.

WHERE: 2123 Rayburn House Office Building

H.R. 1147 is being proposed to pave the way to end conservative talk radio and fund minority owned radio stations. It is yet another ploy by the Obama administration to take away free speech and turn to government (“community”) run radio. By doing so Obama silences his critics and opens up the airwaves to those who choose to chant or sing ditties in honor of his greatness. His community organizers will make public service announcements and point the peasants in the direction of the nearest food line….if there are any…. All the while playing “I’ld Like To Teach The World To Sing”. China would be so proud.



Call, write, email and/or fax your representatives. Voice your concerns about H.R. 1147.


No government ought to be without censors; and where the press is free no one ever will.
Thomas Jefferson


111th CONGRESS

1st Session

H. R. 1147

To implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

IN THE HOUSE OF REPRESENTATIVES

February 24, 2009

Mr. DOYLE (for himself, Mr. TERRY, Ms. ESHOO, Ms. ZOE LOFGREN of California, Mr. WILSON of South Carolina, Ms. KILPATRICK of Michigan, Mr. HASTINGS of Florida, Ms. MOORE of Wisconsin, Mr. PAUL, Mr. BRADY of Pennsylvania, Mr. TIM MURPHY of Pennsylvania, Ms. SCHWARTZ, Mr. PAYNE, Mr. HINOJOSA, Mr. JOHNSON of Illinois, Mr. DELAHUNT, Mr. CAPUANO, Mrs. MCMORRIS RODGERS, Mrs. BLACKBURN, and Ms. BALDWIN) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Local Community Radio Act of 2009'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry.

(2) At a hearing before the Senate Committee on Commerce, Science, and Transportation on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation.

(3) As a result of consolidation of media ownership, there have been strong financial incentives for companies to reduce local programming and rely instead on syndicated programming produced for hundreds of stations. A renewal of commitment to localism--local operations, local research, local management, locally originated programming, local artists, and local news and events--would bolster radio's service to the public.

(4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station.

(5) In 2003, the average cost to acquire a commercial radio station was more than $2,500,000.

(6) In January 2000, the Federal Communications Commission authorized a new, affordable community radio service called `low-power FM' or `LPFM' to `enhance locally focused community-oriented radio broadcasting'.

(7) Through the creation of LPFM, the Commission sought to `create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests'.

(8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, `We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.'.

(9) Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield.

(10) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis.

(11) In December 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band.

(12) The delay prevented millions of Americans from having a locally operated, community-based radio station in their neighborhood.

(13) Over 800 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically oriented organizations.

(14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated.

(15) The FCC issued a report to Congress on February 19, 2004, which stated that `Congress should readdress this issue and modify the statute to eliminate the third-adjacent channel distance separation requirement for LPFM stations.'.

(16) On November 27, 2007, the FCC again unanimously affirmed LPFM, stating in a news release about the passage of the Third Report and Order and Second Notice of Proposed Rulemaking that the Commission: `Recommends to Congress that it remove the requirement that LPFM stations protect full-power stations on operating on the third-adjacent channels.' Five years after the release of the FCC's report and recommendation, this recommendation has still not been acted upon.

(17) Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture.

(18) LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information.

SEC. 3. REPEAL OF PRIOR LAW.

Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed.

SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.

The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between--

(1) low-power FM stations; and

(2) full-service FM stations, FM translator stations, and FM booster stations.

SEC. 5. PROTECTION OF RADIO READING SERVICES.

The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

The Federal Communications Commission when licensing FM translator stations shall ensure--

(1) that licenses are available to both FM translator stations and low-power FM stations; and

(2) that such decisions are made based on the needs of the local community.

Tuesday, October 6, 2009

Make Him Sing

By now everyone has heard about this idiot Smadi that has been charged with attempting to blow up a building in Dallas a couple of weeks ago. The FBI agent that oversaw the investigation testified that Smadi researched how to use a cell phone to detonate a bomb and “made a video to give to Osama bin Laden”. Excuse me….this guy can get stuff to bin Laden. Does he just call him up or what? Shouldn’t we be water-boarding this guy or something to find out how to deliver our own bombs to bin Laden? We can drop them right in his lap.

Let the Texas Rangers have that little jerk for a while….they will find out what he knows.


DALLAS, TX (KERA) -

A federal judge has ruled there is sufficient evidence for the case to continue against a teenager from Jordan accused of trying to blow up a Dallas high-rise. KERA's Bill Zeeble has more.

There just needed to be enough evidence to send to a grand jury for an indictment against 19 year old Hosam Smadi. And the judge ruled there was. In Monday's probable cause hearing, an FBI agent said Smadi made a 7-minute video he hoped to send to Osama Bin Laden. The agent also testified Smadi studied how to trigger a car bomb with his cell phone, and wondered whether the car was strategically parked to bring down Fountain Place.

Peter Fleury, one of Smadi's court appointed defenders, says he still does not know the exact charges against his client.

Fleury: They've had the case since March. We just go the case. We're way behind them. And we got a scared 19 year-old kid, well away from his family. And we're just going to do the best we can.

Former U.S. Prosecutor John Ratcliffe attended the hearing and says the government will methodically make its case.

John Ratcliffe, former U.S. Attorney: There's testimony here and there's going to be evidence presented that this will move before a jury who will hear that there are individuals out there that spent the better part of a year, in Mr. Smadi's case, talking about, planning, discussing surveilling and ultimately acting on the desire to commit mass casualties with a weapon of mass destruction.

Prosecutors have until October 24th to indict Smadi. No date has yet been set.

Thursday, October 1, 2009

Texans Call Your Senators

Texas governor voices opposition to climate bill

By JUAN A. LOZANO
Associated Press Writer



HOUSTON — A climate bill being debated in Congress is "draconian" and would wreak havoc on the Texas economy by wiping out thousands of jobs in the energy sector, Texas Gov. Rick Perry said Wednesday.

But an environmental group said the bill would be an economic boost.

Perry said Texas does not need federal mandates as the state already balances the needs of the environment and the energy sector.

"I would respectfully ask Washington if they are interested in having a positive impact on the environment, look at Texas. We can show them how to not put these sweeping mandates that have a draconian impact on the population," Perry said during a meeting in Houston with business leaders and state lawmakers.

The bill includes an economy-wide cap-and-trade system that would require power plants, industrial facilities and refineries to cut carbon dioxide and other climate changing pollution.

Perry said the bill is a massive energy tax on consumers that would result in higher prices in gasoline, utilities and household goods and wipe out between 200,000 and 300,000 energy sector jobs in Texas.

The governor said the federal government should follow Texas' example and do such things as expand its renewable energy portfolio, reduce the cost of alternative energy forms like solar and wind and promote investment in technology that captures emissions of carbon dioxide.

"We did it while still adding jobs and having the economy grow," he said.

Most Republicans like Perry have voiced strong opposition to the Waxman-Markey climate and energy bill, which the House passed in June. The Senate is working on its own version of the bill.

Democrats who support the bill acknowledged the cost of energy will increase but contend the impact on consumers can be mitigated by increased energy efficiency and other measures included in the legislation.

Environmentalists see cap-and-trade as the best way to control carbon emissions.

But Oliver Bernstein, a spokesman for environmental group Sierra Club's office in Austin, said the climate bill "is the true pathway toward economic recovery" because it will create millions of clean energy jobs in Texas and across the country.

"The worst thing we can do for the economy here in Texas is to stay devoted to the dirty energy policies of the past," he said.

The state's energy industry supplies 20 percent of the nation's oil production, one-fourth of its natural gas production, a quarter of its refining capacity and nearly 60 percent of its chemical manufacturing.

___

Below are the Texas Representatives that voted for the “cap and trade” bill in June.

Remember them well in 2010. Pass this on to friends and family that live in the districts that these yahoos represent. Make sure that they become unemployed when we go to the polls on voting day. After all, that was their plan for millions of Texans.


Al Green, (D)

Ruben Hinojosa (D)

Silvestre Reyes (D)

Sheila Jackson-Lee (D)

Charles Gonzalez (D)

Lloyd Doggett (D)

Henry Cuellar (D)

Raymond Green (D)

Eddie Johnson (D)



Also, call your senators and make sure that they understand that Texans expect a “No” vote when this bill comes to the Senate floor. Make sure that they know that we are paying attention.


Senator Kay Bailey Hutchison (R- TX)
Phone: 202-224-5922
Fax: 202-224-0776
http://hutchison.senate.gov/contact.cfm

Senator John Cornyn (R- TX)
Phone: 202-224-2934
Fax: 202-228-2856
http://cornyn.senate.gov/public/index.cfm?