-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Chuck McCown - 2 Sent: Wednesday, May 21, 2008 5:56 PM To: WISPA General List Subject: Re: [WISPA] Watertower trouble
Nope, telecommunications are defacto interstate, especially internet and in general anything that the FCC regulates. The FCC had declared all internet communications as interstate in nature and they have successfully kept the jurisdiction over such cases. - Yep, you are right, "internet service" as a form of telecommunications is interstate, but provisioning may still be controlled under local (state) law and contract-law is definitely a state law issue. Federal judges are easy to find. And obtaining an emergency injunction is frequently done on unilateral argument. The town's opinion would not even be asked. If possible you totally blindside them. - As a last resort, you could ask for a TRO (temporary restraining order) to stop the municipality from kicking you off, but keep in mind that "police power" is given great deference. If the muni can show that there is a chance that delaying the sandblasting will put even one person's health at risk, the judge should revoke the TRO immediately and the muni will likely be pissed at you for having put them through the hassle of going to court. My 2 cents worth - try to negotiate FIRST and resort to the courts LAST. - Larry -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
