nanog mailing list archives
Re: Muni Fiber
From: William Herrin <bill () herrin us>
Date: Wed, 28 Mar 2012 10:15:33 -0400
On Wed, Mar 28, 2012 at 7:56 AM, Fletcher Kittredge <fkittred () gwi net> wrote:
Wouldn't Federal and State laws preempt Municipal law in this area?
Hi Fletcher, State laws yes. State legislatures tend to narrowly define what laws a municipality is allowed to independently enact. And they tend to be very open to the proposition that standards for utility construction should be uniform across the state. Federal, maybe. The FCC has overstepped its authority and been overruled by the courts many times. And municipal laws can be carefully enough constructed that preemption would unambiguously exceed federal authority. Even if preempted, a state or municipality can make it make it *very* uncomfortable for a communications provider who doesn't want to play ball. Consider, for example, DC's repaving requirements: if you dig up the street, you're required to repave the whole street all the way from the nearest intersections. Completely repave, not just cold-patch. That's pretty expensive. Unless they waive the requirement on a case by case basis. Where the basis has a habit of being whether or not your digging is in line with a government policy objective. This is one reason FIOS deployments lag in DC. Verizon doesn't want to deploy conduit down every street lest they be compelled to open it to competitors and the DC government won't waive the repaving requirements for direct burial fiber. Regards, Bill Herrin -- William D. Herrin ................ herrin () dirtside comĀ bill () herrin us 3005 Crane Dr. ...................... Web: <http://bill.herrin.us/> Falls Church, VA 22042-3004
Current thread:
- Re: Muni Fiber, (continued)
- Re: Muni Fiber Nick Hilliard (Mar 25)
- Re: Muni Fiber Leo Bicknell (Mar 25)
- Re: Muni Fiber Owen DeLong (Mar 27)
- Re: Muni Fiber Masataka Ohta (Mar 25)
- Re: Muni Fiber Jay Ashworth (Mar 26)
- Re: Muni Fiber Ray Soucy (Mar 26)
- Re: Muni Fiber Jay Ashworth (Mar 26)
- RE: Muni Fiber Frank Bulk (Mar 27)
- Re: Muni Fiber Charles Gucker (Mar 27)
- Re: Muni Fiber Fletcher Kittredge (Mar 28)
- Re: Muni Fiber William Herrin (Mar 28)
- Re: Muni Fiber Miles Fidelman (Mar 28)
- Re: Muni Fiber Miles Fidelman (Mar 28)
- Re: Muni Fiber Jay Ashworth (Mar 28)
- Re: Muni Fiber Miles Fidelman (Mar 28)
- RE: Muni Fiber Frank Bulk (Mar 25)
- Re: Muni Fiber Masataka Ohta (Mar 25)
- Re: Muni Fiber Jared Mauch (Mar 26)
- Re: Muni Fiber Masataka Ohta (Mar 26)
- Re: Muni Fiber Jared Mauch (Mar 26)
- Re: Muni Fiber (was: Re: last mile, regulatory incentives, etc) JC Dill (Mar 25)