The FCC and Loss of Local Control

While I have written about this before, I decided to do some research and giving an update. The FCC in 2008 began taking steps to begin regulating local right of ways. This may not sound like much to most people; but, in fact it is an incredible taking of local rights of states and municipalities.

Some background information for my readers will help explain. When a developer builds a track of houses they will give a "right of way" or "easement" to the local government. It is rare that local governments actually own the streets, they generally just have an easement. That means that we agree to allow part of our property to be used for travel, roads and sidewalks (usually put in by the developer and maintained by the local government).

Your local roads are controlled by the local municipalities. The new actions of the FCC will put local right of ways under the control of the Federal government. The FCC has spent the last four years to implement this takeover and nobody is discussing it. You do not see it discussed in the news; but, here is a position notice from the Texas Municipal League discussing the situation.

FIFTH CIRCUIT UPHOLDS FCC CELL TOWER ORDER

According to the Texas Municipal League, "The order was troubling because it preempts certain aspects of local zoning authority and to some extent makes the FCC a “national zoning board.” The court has also agreed that the FCC can regulate how municipalities are limited in what they can charge for use of their right of way. The actual court decision can be read at the following link.

Find Law - CITY OF ARLINGTON TEXAS v. FEDERAL COMMUNICATIONS COMMISSION

What is really going on is much more complex than putting up cell towers, it goes to the heart of being able to travel freely. Let us remember, as I posted on recently, the government also began requiring car manufacturers to install black boxes in cars and has begun an even more bizarre study.

US DOT - DOT Launches Largest-Ever Road Test of Connected Vehicle Crash Avoidance Technology

This technology will make it possible to notify you and eventually control your driving habits all in the name of safety; however, it also allows the government to eventually shut down your ability to drive and not just on Federal Highways; but, also on local streets. I do hope my readers actually read the links and think about this issue.

I am not particularly worried about these things; but, like the founding fathers, I don't like to see so much control placed in the hands of anyone because of how it could be used.