Local Public Right of Ways to be Controlled by the Federal Government

April's meeting

The Federal Communications Commission will tackle reforms of pole attachment rules and will seek input on improving rights-of-way policies at an April meeting focused on boosting broadband deployment by wired and wireless carriers. That is according to a tentative agenda for the April 7 public meeting.

www.multichannel.com...

FT Worth definition of right of way

Maintaining a safe and attractive place for residents is vital to the quality of life in the City of Fort Worth. Ensuring that neighborhoods are kept clean and safe has always been a partnership between the City and its residents and part of that effort includes maintaining public rights of way.

The right of way is the area between the edge of the street and the property line.

www.fortworthgov.org...

i've read the op a few times to understand the deeper sentiment. i'm slow like that. it does seem to be a rather brilliant way to prevent state bankruptcies, if that is even possible. the question of whether the fed can even afford such a venture is unnecessary, cause they can print their own money, right? this is almost like creating something out of nothing. under the guise of laying down broadband, fed is taking over all streets. it would certainly work legally if the fed says it goes under interstate commerce, all within the constitution. the state would certainly welcome this. the only issues are ones of privacy in the future and the ability of the fed to withstand more debt. i'll be keeping my eyes open about such things in the papers. interesting op.

reply to post by jam321


Dear jam321,

Great find. In regards to the laws over streets, the California Public Improvement Act of 1911 is similar to that of most states with minor exceptions. The one state I would not bet on is Louisiana as they follow the french civil law approach and I don't know much about them.

codes.lp.findlaw.com...

The letter I have was written on February 24th of this year and they did not identify the date of the meeting, it just said it was planned for April of this year. I am sure there is more information out there; but, I only got the copy of the letter last week. It also says that the fed had said they were going to have a Right of Way task force and then didn't. I don't know why.

Originally posted by Lawgiver
i've read the op a few times to understand the deeper sentiment. i'm slow like that. it does seem to be a rather brilliant way to prevent state bankruptcies, if that is even possible. the question of whether the fed can even afford such a venture is unnecessary, cause they can print their own money, right? this is almost like creating something out of nothing. under the guise of laying down broadband, fed is taking over all streets. it would certainly work legally if the fed says it goes under interstate commerce, all within the constitution. the state would certainly welcome this. the only issues are ones of privacy in the future and the ability of the fed to withstand more debt. i'll be keeping my eyes open about such things in the papers. interesting op.

Dear lawgiver,

At first blush the question of affordability is a tough one. I don't even think they will have to print money. FHWA already funds cities and the new federal budget calls for decreasing the funding for the Community Development Block Grant and increasing funding for infrastructure. Part of the blueprint for future funding of infrastructure can be found by going to the Federal Highway Administration's website and researching the Tiger II grants. They call for regional planning and intermodal planning.

Funny thing legally. Municipalities are corporations (municipal corporations) and can therefore be treated liked any other company to a degree. Recently the Securities and Exchange Commission began the process of requiring cities to register their financial people just like you would a stock brokerage firm, this is also a major change (and I am not involved in that aspect of this so I know only a little about that aspect).

Another proposed change that would help the fed is how they want to tax vehicles. The current gas tax is obtained when you buy gas, pretty simple, every gallon you buy is taxed. With the growth of electric and other hybrid vehicles, they collect less tax. Some in the fed are proposing taxing based on the number of miles you travel per year (the governor of the state of Washington or Oregon actually was a big proponent). Because the fed taxes for transportation, the money can be used for a wider variety of things than fees.

I haven't thought out how it will effect the states only municipalities. Currently most states also have a gas tax and part of the goes to the cities, it would reduce that burden to be sure. I guess it could reduce how much the state taxes are; but, more likely it would be used exclusively for state highways. All of these things are big changes and most people won't even notice them.

The average person doesn't understand the legal difference between a city, county or state. They just see it all as the "evil" government. Look at how many people didn't even know that they owned their property to the middle of the street or that the cities only had easements. These are things people take for granted even in government. Most people will probably see this as a good thing because they will get universal and cheap broadband. How many people are satisfied with how their streets are maintained, few. What amazes me is that this can all be done without a vote in congress, it is an administrative act and who would have suspected the FCC of being the one to do it, I never saw that coming. Be well.

two more sources concerning this matter

www.tml.org...

www.natoa.org...

reply to post by jam321


Dear jam321,

Once again, great find. I was especially pleased to see the APWA was involved in the second link. Anyone who thought this was a hoax can read your links and then go back to my original post. Clearly I didn't make this stuff up, I am just trying to let people know. If the League of California Counties and the APWA are concerned then maybe people need to investigate it.

Next week I am attending a conference in Las Vegas for those involved in roads, I intend to ask others what they know about this, maybe I will get lucky and find someone that has better information. Bottom line is that the fed is taking more control over local streets. In the letter on your second link, they stated that this could bankrupt cities, that alone should raise some eyebrows. This is not just me, some random member, talking about this; but, it is not on the public's radar and I believe it should be.

Originally I was very much against this trend; but, I think I might support it if it were done on a regional basis. I see the benefits, especially if it take a burden off states, that would allow us to keep the teachers employed. If cities and states were not in such jeopardy I would probably still be against these moves; but, that is not the situation we find ourselves in so I am still trying to figure out what I think about it all. At present I am tending to favor it depending on how it is done. The worst case scenario would be for the fed to impose the regulations and not fund them, states and cities cannot afford another unfunded liability.

reply to post by AQuestion


Here is an interesting article calling for a more centralized government in the United States. Please notice how they focus on a centralized educational system. Not long ago 15 states got together on their own to work on having the identical curriculum in each state. The teachers wont complain if it means they keep their jobs and the citizens are already fed up with the current education system.

www.newsweek.com...#

While looking for conspiracies may be a fun hobby for many, there are real things going on that should garner our attention. The trend towards more federal control is not an illusion, it is happening and in many areas. Recent changes to the law have vastly increased the feds regulation of water. If there are any central California farmers on this site they can tell you about that, I don't want to get off on too many tangents in this thread.