Access to Buildings and Facilities by Telecommunications Providers: Hearing Before the Subcommittee on Telecommunications, Trade, and Consumer Protection of the Committee on Commerce, House of Representatives, One Hundred Sixth Congress, First Session, May 13, 1999, 4. sējumsU.S. Government Printing Office, 1999 - 109 lappuses |
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access to buildings agreement allow antennae apartment areas Bell Atlantic BITZ broadband broadcast building access building access issues building owners cable operators cable provider cable service cable television cess Chairman CLEC commercial Commission Commission's community associations compensation competitive carriers competitive telecommunications competitors CONGRESS THE LIBRARY consumers cost Court customers demarcation point ensure ESHOO exclusive contracts facilities Federal Fifth Amendment forced access going HEATWOLE incumbent cable industry inside wiring installation landlords legislation LIBRARY OF CONGRESS Loretto marketplace MDU owners multi-tenant buildings multiple dwelling units negotiate over-the-air owners and managers PRAK private property prohibit property owner property rights PURA reasonable regulation residential restrictions ROUHANA rules Section 207 serve space statute Subcommittee SUGRUE TAUZIN tele Telecommunications Act telecommunications carriers telecommunications providers telecommunications service providers telecommunications utility telephone tenants Texas Thank tion video programming Warner Warner Cable WINDHAUSEN WinStar wireless
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58. lappuse - regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, a rapid, efficient, nationwide, and worldwide wire and radio communications service with adequate facilities at reasonable charges...
66. lappuse - The economic impact of the regulation on the claimant and, particularly, the extent to which the regulation has interfered with distinct investment-backed expectations are, of course, relevant considerations.
66. lappuse - Court, quite simply, has been unable to develop any "set formula" for determining when "justice and fairness" require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons.
66. lappuse - taking" may more readily be found when the interference with property can be characterized as a physical invasion by government than when interference arises from some public program adjusting the benefits and burdens of economic life to promote the common good.
66. lappuse - ... Contracts, however express, cannot fetter the constitutional authority of the Congress. Contracts may create rights of property, but when contracts deal with a subject matter which lies within the control of the Congress, they have a congenital infirmity. Parties cannot remove their transactions from the reach of dominant constitutional power by making contracts about them.
36. lappuse - character of the governmental action' is a permanent physical occupation of property, our cases uniformly have found a taking to the extent of the occupation, without regard to whether the action achieves an important public benefit or has only minimal economic impact on the owners.
15. lappuse - Implementation of the Cable Television Consumer Protection and Competition Act of 1992: Cable Home Wiring; CS Docket No.
9. lappuse - Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No.
60. lappuse - Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket 87268, adopted September 17, 1992, and successor proceedings.
65. lappuse - So long as these regulations do not require the landlord to suffer the physical occupation of a portion of his building by a third party, they will be analyzed under the multi-factor inquiry generally applicable to nonpossessory governmental activity.