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axus
join:2001-06-18
Washington, DC
 ·Verizon Online DSL
| laws can grant statutory rights
The real question is if their legal authority to do this comes from a law, or is equivalent to a law. The FTC can come along and say that contracts with a minor are unenforceable, and then presto, existing contracts are no longer enforceable.
I think the government can grant statutory rights that cannot be signed away in a contract, like the right to permit access to communication providers. The main question is, does the Federal Communications Commission have the power to interpret Communication related rights from the law. I would argue they do, a good example is the satellite dish rights for tenants, that cannot be denied by a home owners association. | |
SilverSurfer
join:2007-08-19
| said by axus  : The FTC can come along and say that contracts with a minor are unenforceable, and then presto, existing contracts are no longer enforceable. Contracts with a minor are unenforceable. You got it reversed. 
said by axus :I think the government can grant statutory rights that cannot be signed away in a contract, like the right to permit access to communication providers. Which happens quite frequently and only gets caught when someone files suit. That's job security for the judicial branch.
said by axus :The main question is, does the Federal Communications Commission have the power to interpret Communication related rights from the law. I would argue they do, a good example is the satellite dish rights for tenants, that cannot be denied by a home owners association. FCC interpretation of "communication rights" in the context you are citing is dead on given the sat dish reference, but generally speaking, the FCC does not have the green light to interpret anything on its own. Just one specific instance of this was the FCC v. Pacifica case. Look it up just for giggles. It involved Carlin's "7 Dirty Words" schtick. | |
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