Subject:  Another Federal Court Decision on 1996 Telecom Act (guru)..
Date:     Sun, 19 Mar 2000 080057 -0600 (CST)
From:     "Roy L. Beavers" 
To:       emfguru 
--------------------------------------------------


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!!! -- **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.....
                    NEW!!! Website... http://emfguru.com
...................People are more important than profits.................
                            Missed opportunity...
          $$$$$ We could have changed the corrupted system!! $$$$$
                                  McCain !!



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Reprinted with permission of Roy Beavers, http://www.emfguru.com