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. sējums
United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection, United States
U.S. Government Printing Office, 1999 - 109 lappuses
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ability able action adopt agreement allow antennae apartment areas association authority believe benefits Bitz building access building owners cable cable operators carriers Chairman charge choice Commission communications companies compensation competition competitors concern Congress constitutional consumers contracts cost Court customers deal ensure entry exclusive existing facilities fact Federal going hearing important incumbent individual industry inside installation interest issue landlords legislation limited look Loretto managers marketplace mean multiple negotiate offer operators over-the-air parties physical private property problem programming prohibit property owner question rates reasonable receive regulation represents residents restrictions ROUHANA rules Section 207 seeking serve service providers space STATEMENT TAUZIN tele telecommunications providers telecommunications service telephone television tenants Thank tion units utility wireless wiring York
59. 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...
67. 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.
67. 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.
67. 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.
37. 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.
16. lappuse - Implementation of the Cable Television Consumer Protection and Competition Act of 1992: Cable Home Wiring; CS Docket No.
10. lappuse - Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No.
66. 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.
45. lappuse - Loretto we observed that where governmental action results in "a permanent physical occupation" of the property, by the government itself or by others, "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 owner." We think a "permanent physical occupation...