• Thanks for stopping by. Logging in to a registered account will remove all generic ads. Please reach out with any questions or concerns.

Manitoba chiefs want cellphone revenue

Sub_Guy

Army.ca Veteran
Reaction score
0
Points
460
http://www.cbc.ca/canada/story/2007/05/30/manitoba-cellphone.html

Manitoba First Nations are seeking compensation from Manitoba Telecom Services for every cellphone signal that passes through First Nations land, saying the airspace should be considered a resource like land and water.

'When it comes to using airspace, it's like using our water and simply because there's no precedent doesn't mean that it's not the right thing to do.'
—Ovide Mercredi, Grand Rapids First NationAt a recent economic development summit, the Assembly of Manitoba Chiefs resolved to negotiate revenue sharing with MTS for transmissions signals that cross the land, water and air space of their reserves and traditional territories.

"[The request is] based on the understanding that we do have some fundamental rights as indigenous people to land, water and airspace," said Chief Ovide Mercredi of the Grand Rapids First Nation.

"When it comes to using airspace, it's like using our water and simply because there's no precedent doesn't mean that it's not the right thing to do," he said.

Mercredi says that signals over a significant area of the province would be affected, noting that the Cree Nations claim rights to a large portion of the north.

Proposal may inspire more negotiations
Anna Hunter, a University of Saskatchewan professor of political studies specializing in aboriginal governance, says the AMC's request is unique but she says other First Nations groups across the country will likely follow suit.

"On a provincewide basis, this is definitely an innovative approach but I think it's an approach that other provinces' First Nations groups will probably take forward," she said.

MTS officials have declined to comment on the issue until they see the group's proposal.





Outstanding!  I want in on this, I see planes fly over my (house) airspace everyday, I am going to start charging per flight
 

GAP

Army.ca Legend
Donor
Mentor
Reaction score
20
Points
380
Fine. All the telephone companies need to do is to go up their towers, adjust their cell phone antennae so that the area around the reserve does not receive coverage, problem solved. (Bit more to it I know, but that's the basic concept)
 

beach_bum

Fallen Comrade
Fallen Comrade
Reaction score
0
Points
410
This is utterly ridiculous!  I suggest then everyone is entitled to anything that goes in the airspace above their homes.  Fair is fair!  ::)
 

niner domestic

Sr. Member
Reaction score
0
Points
210
Landowners do own the airspace up to a certain height and if they want to, they can proceed with litigating if they deem someone is trespassing in their space. There is some case law on the extent of ownership rights “up to the heavens” and trespass into airspace.

In terms of airspace, courts have held that the owner of the surface holds an entitlement to the airspace up to a reasonable height above the ground; a height of space which can be used or occupied by the surface owner. If the airspace is intruded upon by a permanent low level intrusion such as a power line, the landowner may sue in trespass. If the airspace is intruded upon by a transient, high level disturbance such as an airplane, the landowner may not sue in trespass.  However, a landowner could try to sue in nuisance for transient, high level disturbances, but an action in nuisance presents its own obstacles. Nuisance can be brought by a landowner or occupier where someone has unreasonably interfered with that person's use and enjoyment of their property. It is the "unreasonableness" of the interference that is key for an action in nuisance to succeed. Nuisance also requires that the landowner demonstrate proof of damages.

So yeah, fair is fair and all landowners have the same entitlement. 
 
A

aesop081

Guest
Land owners may have ownership of AIRSPACE to a certain degree but.........If i recall correctly, in Canada.....AIRWAVES are publicly owned.
I think The the natives in this case have their language wrong
 

Sub_Guy

Army.ca Veteran
Reaction score
0
Points
460
"saying the airspace should be considered a resource like land and water"


Airspace is nothing like land or water, I think the natives might want to rethink this one.
 

willy

Full Member
Reaction score
0
Points
210
Most of the RF radiation that "passes through" any point you care to name is not man-made.  Are they going to sue the sun for infringing upon their airspace? 

 

Bruce Monkhouse

Moderator
Staff member
Directing Staff
Subscriber
Reaction score
2,388
Points
1,260
Folks, once again I will reiterate, I see no problem in anyone asking for everything, the problem lies with those who would consider, or worse, cave in one more time......

 

Sub_Guy

Army.ca Veteran
Reaction score
0
Points
460
There certainly isn't a problem with asking, but if the answer is no, then that should be it.  But my gut feeling is telling me otherwise, I may be alone in thinking this but there could be a few cell towers chopped down..
 

elle

Guest
Reaction score
0
Points
10
If I may, if this demand were to actually be taken to a point of serious consideration would this not become an international situation.  Cellular use between borders, and seas, without even considering the impact on satelite use and their trespassing their airspace.



Agreed, no problem in asking, it's the point of consideration and validation that creates my concern.
 
Top