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Full-Text Articles in Law
Not In My Backyard: The Siting Of Wireless Communications Facilities, Malcolm J. Tuesley
Not In My Backyard: The Siting Of Wireless Communications Facilities, Malcolm J. Tuesley
Federal Communications Law Journal
Given the increasing prominence of wireless communications within the broader realm of technological advancement, the deployment of a national infrastructure capable of meeting the demands of PCS is critical. The Telecommunications Act of 1996 takes substantial steps to ensure the expeditious deployment and ultimate success of such technology. The spur of the 1996 Act is necessary to bring otherwise disinterested communities to the table with providers. While the 1996 Act greatly enhances the position of service providers as they deal with local communities, education and cooperation between federal, state and local governments, and service providers offer the greatest potential for …
Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith
Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith
Federal Communications Law Journal
With the passage of the Telecommunications Act of 1996, Congress revamped federal universal service policy by requiring that universal service support be explicit. The Act also provides that states can supplement federal universal service support with state universal service support. However, under section 254(f) of the Act, state programs must not be "inconsistent with" the FCC’s rules for implementing the Federal Plan. Section 254(f) provides for express preemption of state universal service plans but uses FCC rules as a measure for determining when preemption is required. As a result, the case law governing express preemption by Congress is in and …