Law/Legal:
Another Fed Court Ruling on 1996 Telecom Act

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Posted:
20 March 2000

---------- Forwarded message ----------
Date: Sun, 19 Mar 2000 08:00:57 -0600 (CST)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
Cc: john_mccain@mccain.senate.gov
Subject: Another Federal Court Decision on 1996 Telecom Act (guru)..

Hi everybody:

The U.S. Fourth Circuit Court of Appeals has again ruled on the question of local control over the "siting" of cellular telephone towers.

In a two to one decision, the judges reversed a lower court ruling which had upheld the provisions of Section 704 of the 1996 Telecom Act.

One of the three judges stated in his decision:  "I vote to reverse because the federally imposed standard authorizing a state or local legislative body to deny a permit only on substantial evidence violates the Tenth Amendment." - Judge Niemeyer - [Italics by guru.]

This ruling, by one of the three judges, if upheld by the Supreme Court, in effect, throws out the "substantial evidence" test written into Section 704 of the 1996 Act.  It says, in effect, the federal lawmakers violated the Constitution by trying to tell local authorities what "standards" they must use.....!!

The other two judges split on the Constitutional question (one abstaining and one upholding the 1996 Act), so it is likely that the Supreme Court will eventually have to decide.

That is a DAMN shame because it means that the issue can still be "played" either way until the Supreme Court does rule on the Constitutional question.

......I would like to remind everyone of how MANY times this writer and a few others on this list have made the point that: the lobbyists (working through Vice President Gore) who put that provision into the act KNEW that they were Probably VIOLATING THE CONSTITUTION.

But they figured (evidently correctly) that: before the law could be reversed to comply with the Constitution, most of the towers would be built!!! -- Thus successfully and UNLAWFULLY denying and over-ruling the Constitutional RIGHT of local control!!!

If you have enough $$$$$$, folks, you can get away with something like that in the present corrupted Washington political environment!!!

That is what John McCain was attacking and vowing to change.....  Guru believes he would have....

To read the decision, Go to: <http://laws.findlaw.com/4th/991055P.html>

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!! 



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