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Can anyone tell me what gives govt right to sell airwave for $6 billion.
http://www.cio.com/article/177151/_MHz_Spectrum_Auction_Bids_Top_B ^

Posted on 01/30/2008 9:06:30 AM PST by ideablitz

Computerworld — After the third day of the auction, bidding reached a total of $6.1 billion for 1,099 licenses in the Federal Communications Commission auction of 700-MHz wireless spectrum.


TOPICS: Business/Economy; Government
KEYWORDS: airwave; government; regulation; technology; whitespace
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What gives govt right to sell airwave spectrum. Why does it cost $6 billion and who gets the $6 billion?

Where did the idea of govt selling airwaves come from and is this good?

Why doesn't the government institute vision tax. so, if you have a resort and it happens to be in a nice place, govt. charges vision tax for seeing pretty landscape.

Can someone enlighten me the provision of govt charging airwaves?

Thanks in advance..

1 posted on 01/30/2008 9:06:37 AM PST by ideablitz
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To: ideablitz

Actually, there is a “vision tax”—they factor view into property assessments and then they tax you on that value.


2 posted on 01/30/2008 9:08:38 AM PST by ECM (Government is a make-work program for lawyers.)
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To: ideablitz

The only thing that counts is power!

Naked, merciless power!


3 posted on 01/30/2008 9:09:42 AM PST by the gillman@blacklagoon.com (And close the damned borders!)
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To: ECM

And don’t forget ‘corner lots’.

They factor that in too because your property fronts two roads that ‘have to be maintained’..

Ask me how I know.


4 posted on 01/30/2008 9:10:11 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: ideablitz

Because if it were unregulated, NOBODY would be able to use the airwaves, it would be total chaos. Millions of different frequencies and all that.

Therefore, since they regulate it, they can sell it.


5 posted on 01/30/2008 9:10:13 AM PST by RockinRight ("Mike Huckabee appeals to the type of person who thinks pro-wrestling is real." - TQC)
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To: Bigh4u2

lol, ok: how do you know? :)


6 posted on 01/30/2008 9:10:56 AM PST by ECM (Government is a make-work program for lawyers.)
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To: ideablitz

They should charge more. I want the MSM to pay up the nose for the privlege of spreading their propaganda.


7 posted on 01/30/2008 9:11:11 AM PST by Brilliant
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To: ideablitz

The commerce clause. Look at it.


8 posted on 01/30/2008 9:11:20 AM PST by bill1952 (The right to buy weapons is the right to be free)
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To: ideablitz

They have the force of arms to utterly crush anyone who says they can’t.

Any questions, Citizen?


9 posted on 01/30/2008 9:12:00 AM PST by null and void (Conservatism. It's the new Black...)
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To: ideablitz

“You are a slave Neo... Born into a life of bondage that you cannot see, taste or smell...”


10 posted on 01/30/2008 9:12:40 AM PST by sit-rep
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To: ideablitz
Because we, "the people", gave government the right to control the frequencies, so there won't be ten radio stations fighting on every frequency in every town.

Bandwidth is money, pure and simple. If you "own" a frequency in a big city, you can make lots of money on it, and no one else can touch it.

I don't know who gets the $6 billion. But the radio and TV stations that buy the frequencies will make billions.

11 posted on 01/30/2008 9:12:41 AM PST by Sender (I've been chicken franchised.)
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To: ideablitz
The Federal Radio Commission was doing this in the late 1920's, at least to some degree. But the Communications Act of 1934 (FCC) is where the power really came from.

Yeah, it's basically part of the New Deal.

12 posted on 01/30/2008 9:13:01 AM PST by ClearCase_guy
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To: ideablitz

I don’t know. I think it is wrong, as an amateur radio operator, I know the radio spectrum is a very limited resource. OK, so is land, but there is a whole buttload of land out there for anyone to buy but the radio spectrum is different. Depending on what frequency you use, each has it’s own characteristics that make it desireable to use. 700 Megacycles is a huge chunk to sell off and I think it is a big mistake. Come to think of it, that’s why we have the push for HDTV, so we can free up the VHF-TV spectrum for sale.


13 posted on 01/30/2008 9:14:28 AM PST by Nowhere Man (Goofus hits the computer's power button to turn it off, Gallant shuts down properly)
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To: ideablitz

Airwaves move across state borders, hence it is under the regulation of the Commerce Clause.

It will soon be illegal to fart across state lines without a EPA carbon credit purchase.


14 posted on 01/30/2008 9:15:07 AM PST by JerseyHighlander
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To: ideablitz

Actually, several communications acts, the International Telecommunications Union, and tacitly ignoring this issue is what gives them the right.

The radio spectrum is a renewable natural resource. That is, it doesn’t go away if you use it, but because any slice of it can only be used by one transmitter at a time, in a given region or area (depending on frequencies) there has to be some sort of regulation on how it is used.

UNFORTUNATELY, over the years the use of the spectrum has become crowded and certain services are there TO STAY for a LONG time to come, thus need that spectrum.

That means they are now selling it

As an Amateur Radio Operator I can’t “own” a particular frequency but can USE any of those within my allocated spectrum any time I wish, as long as someone else isn’t already there using it. We do fine... but they’ve taken some of our spectrum and given it away as well (or sold it).

So, what gives them the RIGHT to do it? Nothing, really, but try using something used by someone else and see how fast you get your butt kicked by major FINES.


15 posted on 01/30/2008 9:15:17 AM PST by Rick.Donaldson (http://www.transasianaxis.com - Visit for lastest on DPRK/Russia/China/Etc --Fred Thompson for Prez.)
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To: ECM

not exactly. the market drives property assessments. if a ocean view drives prices greater than an interior lot, then prices will go up.


16 posted on 01/30/2008 9:15:42 AM PST by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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To: ideablitz

(Government mandated sarcasm warning label!)

Because they’re the government and YOU’RE NOT!!

Get it now???


17 posted on 01/30/2008 9:17:04 AM PST by Dick Bachert
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To: ideablitz
What gives govt right to sell airwave spectrum. Why does it cost $6 billion and who gets the $6 billion?

The government's right to regulate the radio spectrum was established in laws like the Radio Act of 1927, the Communications Act of 1934, etc.

The $6 billion target was set by Congress. The funds raised in the spectrum auction go the the U.S. Treasury.

18 posted on 01/30/2008 9:17:38 AM PST by HAL9000
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To: ideablitz
who gets the $6 billion?

I know Bob Torricelli still gets a piece of every dollar that runs through the federal government. I'm sure many other politicos have similiarly structured secret deals.

19 posted on 01/30/2008 9:17:48 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: ideablitz
Good question. Maybe you should sell a couple of billion $$ worth of this sprectrum, and hire a good lawyer with the proceeds.

'Cause I think the government would come to answer your question, as soon as they could find you.

20 posted on 01/30/2008 9:17:50 AM PST by willgolfforfood
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To: Nowhere Man; All

I hear Google is buying those frequencies. What are they planning to use them for???


21 posted on 01/30/2008 9:19:09 AM PST by ▀udda▀udd (7 days - 7 ways Guero >>> with a floating, shifting, ever changing persona....)
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To: ideablitz
Governments don't have 'rights'. Governments have powers.

Rephrase your question.

L

22 posted on 01/30/2008 9:21:11 AM PST by Lurker (Pimping my blog: http://lurkerslair-lurker.blogspot.com/)
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To: ▀udda▀udd
I hear Google is buying those frequencies. What are they planning to use them for???

Al Gore has plans. Big plans.

23 posted on 01/30/2008 9:23:02 AM PST by ClearCase_guy
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To: ideablitz
It's really basic economics here.

The airwaves are a scarce resource; there isn't enough bandwidth for everyone to have all they want. Because of this, some will get bandwidth and others won't.

There should be a fair way to determine who gets some and who doesn't. Just giving away slices at random by some kind of lottery system wouldn't be much better than leaving it open to anarchy. It would be worse for everyone.

Since the bandwidth has commercial value--it will be used by someone to make money--the logical way to determine who gets it is a free market auction.

It's the decision of each individual bidder what that chunk of bandwidth is worth to him.

24 posted on 01/30/2008 9:23:10 AM PST by TChris ("if somebody agrees with me 70% of the time, rather than 100%, that doesnĺt make him my enemy." -RR)
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To: ideablitz
>>
Can anyone tell me what gives govt right to sell airwave for $6 billion.
<<

(Please understand that government only has powers. Citizens have rights. It will be a very dark day when government, or more properly the people in government, think that “government” has rights.)

Answer: The very same reason they have the power to counterfeit private wealth by printing money from nothing and using it to buy goods and services. We have given them a monopoly on the use of deadly force.

25 posted on 01/30/2008 9:24:30 AM PST by theBuckwheat
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To: ideablitz
Look folks, the radio spectrum is finite. We can't make any more. Someone has to control it, manage it, and provide for a way to assign portions for basic needs, be they public use, governmental, police, fire, emergency, military.

If no one controlled it, then none of the spectrum would be useful because you'd have a hundred different people trying to use the same frequencies at the same time, and same area, rendering the spectrum totally useless.

The commerce clause, and general welfare portions of the Constitution provide sufficient authority for the government to do so.

As for the auction itself; the dollars involved make sure the purchaser is qualified [i.e., not Joe sixpack setting up whatever] and has the resources to put it to use. The money should be going into the treasury. Which of course will be spent on things like: useless tax rebates that do nothing to stimulate the economy, but rather help politicians in an election cycle pander to the voters.

26 posted on 01/30/2008 9:24:30 AM PST by AFreeBird (No Romney, No Rudy, No McLame, No Huck, No Paul! Toss the GOP into the ashcan of History.)
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To: ClearCase_guy
Yeah, it's basically part of the New Deal.

The New Deal's "substantial effects" interpretation of the Commerce Clause is basically an open-ended assumption of authority by the federal government.

"The question comes to this, whether a power, exclusively for the regulation of commerce, is a power for the regulation of manufactures? The statement of such a question would seem to involve its own answer. Can a power, granted for one purpose, be transferred to another? If it can, where is the limitation in the constitution? Are not commerce and manufactures as distinct, as commerce and agriculture? If they are, how can a power to regulate one arise from a power to regulate the other? It is true, that commerce and manufactures are, or may be, intimately connected with each other. A regulation of one may injuriously or beneficially affect the other. But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments. "

Joseph Story

Commentaries on the Constitution

27 posted on 01/30/2008 9:25:42 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: Tulsa Ramjet

RE: “not exactly”

I’m not sure how what you’re saying conflicts with what I’m saying. I said that you are assessed a value and are taxed on that value. That value, whether driven by the market, the assessor, etc. takes your view into account as part of that and you are then taxed, in part, on the view; a better view is going to result in a higher valuation, and a worse (relative) view a lesser one.


28 posted on 01/30/2008 9:25:59 AM PST by ECM (Government is a make-work program for lawyers.)
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To: ideablitz

M16’s, Abrams tanks, Apache helicopters.


29 posted on 01/30/2008 9:26:04 AM PST by TheKidster (you can only trust government to grow, consolidate power and infringe upon your liberties.)
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To: ideablitz
Can someone enlighten me the provision of govt charging airwaves?
...Fees(/taxes) to ever expanding federal government control....i.e. $$$$/Grea$e to politicians
30 posted on 01/30/2008 9:26:40 AM PST by skinkinthegrass (just b/c your paranoid, doesn't mean they're NOT out to get you. :^( FRed was LMSM roadkill)
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To: ECM

Because I tried to build a garage right across from the side door of my house and was told I needed a ‘variance’ because my property has two ‘front yards’.

My tax bill states since I have ‘access’ to two roads, my property value is prorated to an amount equal to 1/4th of the total value of the property + the original property valve of a ‘single access’ property.

Problem is, I don’t have access to both ‘front yards’ and told the town as much. There is a ditch that crosses the yard on that side and a guard rail that would block any access, even if I wanted to put another driveway in.

With a little persuasion and a few pictures, I got them to reduce my taxes with a variance that states I have a ‘single access’ property.

Luckily the town is run by Conservatives..

:0)


31 posted on 01/30/2008 9:26:47 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: ideablitz

New Hampshire does do the “vision tax.” If you have a nice view from your property, they nail you for it.


32 posted on 01/30/2008 9:27:54 AM PST by IYAS9YAS
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To: Bigh4u2

Did that pic feature you holding a shotgun on your unusable front yard ;)


33 posted on 01/30/2008 9:28:51 AM PST by ECM (Government is a make-work program for lawyers.)
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To: Brilliant
They should charge more. I want the MSM to pay up the nose for the privlege of spreading their propaganda.

The MSM isn't going to be using those frequencies, except as just another business user. Those are more likely to be used for short range *two way* communications, including digital links for various purposes, probably including wireless internet type. 700 MHz, while not having as much available bandwidth as 2.4GHz where your 802.11x wireless router and WiFi work now, does have better propagation characterics, such as from inside to outside, and around corners, such as corners of large structures. Takes a bigger antenna too, but still not big.

34 posted on 01/30/2008 9:29:12 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: ideablitz
Of course I’d prefer that the government keep a bunch of that spectrum for military uses, rather than selling it all off, at bargain prices most likely.
35 posted on 01/30/2008 9:30:12 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: ECM

“Did that pic feature you holding a shotgun on your unusable front yard ;)”

I wanted to include that one, but the wife said no!

:0)


36 posted on 01/30/2008 9:30:45 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: ideablitz

I believe a portion of the money goes to help people transition between analog and digital TVs, which is what this spectrum is used for now.

I’m hoping to get a new 52 inch Sony.


37 posted on 01/30/2008 9:32:07 AM PST by cowtowney
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To: ideablitz

They should sell them a license for exclusive use, but they shouldn’t sell the spectrum.

It does help the government get out of the way, and let free enterprise develop technology for the best (most efficient) use of the spectrum. Regulating what technology to be used “squelches” innovation.


38 posted on 01/30/2008 9:33:00 AM PST by ConservativeByChoice
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To: JerseyHighlander

Things used to be better. 3 of my buddies got a stern warning for urinating on the Mississippi-Alabama state line at midnight one night. They were out in the sticks and didn’t think any one was around. They agreed the state line would be a perfect place. They had been drinking and eating polish sausages. The Trooper kept backing away every time they tried to answer one of his questions. It was too cold to drive with the windows down. :0)


39 posted on 01/30/2008 9:34:00 AM PST by seemoAR
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To: bill1952
The commerce clause. Look at it.

The commerce clause grants Congress power to regulate commerce, not engage in it. Or are these just rather steep licenses to engage in using the spectrum. Once bought, are they transferable, without government permission and other equally steep fee, or do they "belong" to the purchaser. If the latter, Congress is engaging in commerce, otherwise they are regulating it. Regulation should be on a first come first served basis. If the licensee wishes to give up the license for whatever reason, it should go back into the pool, not be an "asset" for sale.

40 posted on 01/30/2008 9:34:04 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: ideablitz

Take a look at the U.S. Constitution. In particular, the commerce clause. Then think about how chaotic it would be if the federal government didn’t have the authority to regulate matters pertaining to interstate commerce. The Founders got it right, that’s for sure.


41 posted on 01/30/2008 9:35:57 AM PST by Deo et Patria ("Don't taze me, bro!")
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To: HAL9000
The government's right to regulate the radio spectrum was established in laws like the Radio Act of 1927, the Communications Act of 1934, etc.

First Congress has no rights, only powers. Second, they cannot give themselves any power just passing a law. See the 10th amendment. They only have the powers granted to them in the Constitution. No more. Regulating something, even in the original sense of "make to work properly, is not the same as being able to buy and sell it.

42 posted on 01/30/2008 9:38:09 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
Congress isn’t engaging in anything.
The commerce clause gave them the authority to regulate the airwaves and they set up the FCC, in part, to do just that.

And the FCC can engage in commerce.
The entire thing is set up in this manner to be perfectly legal. And it is.

43 posted on 01/30/2008 9:40:36 AM PST by bill1952 (The right to buy weapons is the right to be free)
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To: tacticalogic
It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments. "

A thinker of his time, that Story guy. I wonder if he ever thought Congress would manage to make his nightmare come true, without a Constitutional amendment? He certainly would have known they would try, but probably expected the people sheep to rise up and swat them if they did.

44 posted on 01/30/2008 9:41:23 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

They are bidding on licenses to use the applicable spectrum. If the granting of a license isn’t part of what it means to “regulate commerce”, then I don’t know what is.

I don’t see any issue on this one.


45 posted on 01/30/2008 9:42:39 AM PST by Deo et Patria ("Don't taze me, bro!")
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To: ideablitz
What gives govt right to sell airwave spectrum. Why does it cost $6 billion and who gets the $6 billion?

It goes to the government so Bush can throw yet another $30 billion to big pharma for AIDS in Africa (translation: down the drain of African kleptocracies)

46 posted on 01/30/2008 9:43:10 AM PST by montag813
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To: El Gato
First Congress has no rights, only powers.

That's true, but I hope most people will get past my semantic error to understand the gist of the information.

47 posted on 01/30/2008 9:48:41 AM PST by HAL9000
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To: El Gato

Everybody seems to say they want SC justices that subscribe to an “original intent” interpretation of the Constitution, but nobody seems to want politicians that practice it.


48 posted on 01/30/2008 9:55:18 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: Bigh4u2
Once we thought about building a pool on our 1/2-acre lot. You'd think there would be plenty of room for a pool. Not so.

It can't be less than 50 feet from the curb (utility easement), and it can't be too close to the septic lines, and it can't be within so many feet of school property.

Essentially there is a very narrow stripe across our lawn where a very narrow pool could be. Thank you, gub'mint.

49 posted on 01/30/2008 9:55:29 AM PST by Sender (I've been chicken franchised.)
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To: ideablitz

Are you in school somewhere?? It is called representative government!


50 posted on 01/30/2008 9:57:39 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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