Law/Legal:
Colorado Legislature's Resolution Against FCC

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Posted:
27 April 2000

---------- Forwarded message ----------
Date: Thu, 27 Apr 2000 20:18:50 -0500 (CDT)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
Cc: john_mccain@mccain.senate.gov, gephardt@mail.house.gov
Subject: ///SPECIAL/// Colorado Legislature's Resolution against
preemption by FCC (Carney)..
 

.......This is a major victory!!!!  The last paragraph in the press release below should be emblazoned in the hearts and minds of all local regulators ... and chiseled in stone on the steps of all the court houses of America!!!  Please see that this gets maximum circulation....  It will also be posted on the guru's website in the "law/legal" file.....

In a following message, attorney Deb Carney provides the means for follow-up supportive comments to be forwarded to the FCC.....

Cheerio......

Roy Beavers (EMFguru)
roy@emfguru.com

It is better to light a single candle than to curse the darkness

People are more important than profits!!


---------- Forwarded message ----------
Date: Thu, 27 Apr 2000 17:25:33 -0600
From: Deb Carney <deb@carneylaw.net>
To:  roy@emfguru.com
Subject: Press Release on Colorado Resolution against preemption

C.A.R.E.,
25958 Genesee Trail Road,
PMB 203,
Golden, CO
80401-5701

C.A.R.E. is a coalition of homeowners' associations & neighborhoods in the Mount Vernon Canyon.

Since 1987 it has served as an umbrella organization representing the central mountain communities of Jefferson County - from Clear Creek to Bear Creek, the Hogback to Rainbow Hills.
C.A.R.E. Web Page http://www.c-a-r-e.org
April 27, 2000

PRESS RELEASE

In response to the FCC request for public comments on the Lake Cedar Group Broadcaster’s petition for Federal preemption of the Jefferson County Zoning decision denying the supertower on Lookout Mountain, the Colorado legislature today passed Senate Joint Resolution 00-031.  This resolution was sponsored by Senators Sullivant, Congrove, Evans and Teck and Representative John Witwer.

Representative John Witwer, who sponsored the resolution in the House said, "Local control of land use issues and decisions is one of the keystones of our Bill of Rights in the Constitution.  I am very gratified that it passed out of the House and Senate with such large majorities."

The Resolution, which will be sent to the President of the United States Senate; the Speaker of the United States House of Representatives: each member of Colorado's Congressional delegation; each member of the House of Representatives Subcommittee on Telecommunications, Trade and Consumer Protection of the Committee on Commerce; the Governor of Colorado: and the Commissioners of the FCC resolves:

"That the General Assembly of the State of Colorado hereby encourages the FCC not to preempt local government land use decision-making and state judicial processes, thus overriding local and state government authority."

As stated in the resolution, control over individual land use decisions is firmly vested in local governments.  The FCC is barred by the 10th Amendment from attempting to preempt decisions made by local governments on individual land use applications because the U.S. Congress has not directed or authorized the FCC to preempt such local decisions.  The FCC lacks the authority and expertise and any adopted standards to second-guess and invalidate local government land use decisions.  Any attempt by the FCC to preempt local government land use decision-making in this manner would represent an illegal, unauthorized and unjustified attack on state and local government land use authority.
__________________________________________________

For further information or copies of this resolution please contact
Deb Carney 303-526-9666, e-Mail:  deb@carneylaw.net



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