2023-03-25 14:58:49 -04:00
|
|
|
<xml><p> I N V I S I B L E C O N T R A C T S
|
|
|
|
George Mercier</p>
|
2023-03-25 12:40:02 -04:00
|
|
|
|
2023-03-25 14:58:49 -04:00
|
|
|
<p> FEDERAL LICENSING PROGRAMS
|
|
|
|
[Pages 480-481]</p>
|
2023-03-25 12:40:02 -04:00
|
|
|
|
|
|
|
<p>[Certain conventions have been used in converting INVISIBLE CONTRACTS to an
|
|
|
|
electronic medium. For an explanation of the conventions used, please download
|
|
|
|
the file INCONHLP.ZIP for further illumination. Other background information as
|
|
|
|
well is contained in INCONHLP.ZIP. It is advisable to EXIT this file right now
|
|
|
|
and read the contents of INCONHLP.ZIP before proceeding with your study of this
|
|
|
|
file.]</p>
|
|
|
|
|
|
|
|
<p>By experiencing the direct benefits of Commercial enrichment acquired through a
|
|
|
|
Federal license program, such as being an SEC registered stockbroker, or an ATF
|
|
|
|
licensed manufacturer of fireworks, which is an obvious pursuit of federally
|
|
|
|
participated profit or gain. Several federal monopolies were designed
|
|
|
|
specifically for the existing participants to experience intensive Commercial
|
|
|
|
enrichment in, as the net effect of a regulatory jurisdiction is to discourage
|
|
|
|
potential new market entrants from competing with established corporate titans.
|
|
|
|
In any market there are only so many potential customers available, and
|
|
|
|
excluding new upstarts allows existing Grandfathers to have a bigger slice of
|
|
|
|
the pie they would not otherwise be experiencing. For example, the creation of
|
|
|
|
National Banks by the Congress, through the Comptroller of the Currency, is one
|
|
|
|
such monopoly designed to enrich existing market participants, while shutting
|
|
|
|
out new banks and damaging the end consumer. In any one demographic banking
|
|
|
|
district, there is only so much business to be had; cutting out new entrants
|
|
|
|
keeps a bigger slice of the banking pie for the owners. [634]</p>
|
|
|
|
|
|
|
|
<p>[634]============================================================= For example,
|
|
|
|
in 1967, F.W. Pitts wanted to bring a new National Bank into the Hartsville,
|
|
|
|
South Carolina area. He submitted an application to the Comptroller of the
|
|
|
|
Currency for a license certificate, and the request was denied. Reason:
|
2023-03-25 14:58:49 -04:00
|
|
|
"... we were unable to reach a favorable conclusion as to the need
|
2023-03-25 12:40:02 -04:00
|
|
|
factor."
|
2023-03-25 14:58:49 -04:00
|
|
|
-CAMP VS. PITTS, 411 U.S. 138, at 139 (1973). That is correct: The
|
2023-03-25 12:40:02 -04:00
|
|
|
Comptroller denied the application because the community was already adequately
|
|
|
|
served by other banks, and there was no "need," seemingly, for the new proposed
|
|
|
|
national bank. In this way, the existing banks in Hartsville shut out a new
|
|
|
|
impending competitor. The letter from the Comptroller, in turning down the
|
|
|
|
License request, listed the banks already in the Hartsville area and the
|
|
|
|
deposits they carried [CAMP, id., at 139]. The Comptroller seemed to be very
|
|
|
|
concerned about enhancing the financial enrichment of the existing banks; and
|
|
|
|
at no time was there any discussion about the improved service the end consumer
|
|
|
|
would be experiencing, or of the very competitive rates of interest on loans
|
|
|
|
that new upstarts searching for business charge. But like the tightly regulated
|
|
|
|
issuance of local Television Station licenses by the FCC, the Comptroller of
|
|
|
|
the Currency is on a mission: To make sure that the owners of existing banks
|
|
|
|
are very well fed, and so throwing Torts at the public is nothing they are
|
|
|
|
going to concern themselves with. For a summary of the laws creating obstacles
|
|
|
|
for new prospective banks to go into business, see the Editor's Notes called
|
|
|
|
BANK CHARTERS, BRANCHING, HOLDING COMPANY AND MERGER LAWS: COMPETITION
|
|
|
|
FRUSTRATED in 71 Yale Law Journal 592 (1962).
|
|
|
|
=============================================================[634]</p>
|
|
|
|
|
|
|
|
<p>The secondary consequences of restraining the number of new market entrants
|
|
|
|
politically are elevated prices the end consumer winds up paying, constricted
|
|
|
|
services and retarded technological innovations. [635]</p>
|
|
|
|
|
|
|
|
<p>[635]============================================================= The
|
|
|
|
telephone companies have exclusive geographical districts assigned to them with
|
|
|
|
no competitors -- a pure monopoly; and if the FCC had not intervened to allow
|
|
|
|
third party telephones and other equipment to be connected to local telephone
|
|
|
|
company lines, you would never have been able to have automatic redialing on
|
|
|
|
your phones -- such nice little effort savers are the result of competition,
|
|
|
|
and not your local phone company, who could care less. Computers have been used
|
|
|
|
extensively for telephone switching since the middle 1960's, and the continuing
|
|
|
|
refusal of the phone company to assign a few byte locations in their computer's
|
|
|
|
memory to remember your last dialed number, occurred for just one reason: They
|
|
|
|
have a monopoly, they have their enrichment pipeline set up, and they don't
|
|
|
|
care about you at all [a relative statement that will be viewed as being
|
|
|
|
excessively harsh by those who never bothered to give any thought to
|
|
|
|
evaluating, comparatively, the service attitude manifested by businessmen in a
|
|
|
|
competitive operating atmosphere, with those businessmen who don't need to
|
|
|
|
concern themselves with competitive pressures.] Yes, MINIMALISM rules in all
|
|
|
|
uncompetitive environments, Commercial and otherwise.
|
|
|
|
|
2023-03-25 14:58:49 -04:00
|
|
|
</p></xml>
|